Elder v Crowe

Date

7 June 1990

Legislation

Trade Descriptions Act 1968, s.1(1)

Keywords

meaning of business; meaning of trade; counterfeit goods; sentencing

Solicitors:

unknown.

Judge:

Lord Ross, L.J.C.; Lords Morison and Prosser.

Court:

High Court of Justiciary (Scotland)

Reported:

[1996] SCCR 38

Summary

Elder was convicted for offering to supply in the course of a trade or business goods to which a false description of the manufacturer had been applied contrary to s1(1) of the Trade Descriptions Act 1968. The offence related to offering to supply approximately 300 bottles of counterfeit purfume.

Decision

The Court applied the tests set out in the case of Davies v Sumner and concluded that, given the large number of bottles involved, it was correct to infer that the offences were committed in the course of 'business or trade'.

Furthermore, the High Court of Justiciary rejected Elder’s appeal relating to the level of the £2,000 fine he had received.