A person is not guilty of an offence1 by reason only of the following: the taking or attempted taking of any badger which had been disabled otherwise than by his act and was so taken or to be taken solely for the purpose of tending it; the killing or attempted killing of any badger which appeared to be so seriously injured or in such a condition that to kill it would be an act of mercy; or the unavoidable killing or injuring of any badger as an incidental result of a lawful action2. Nor is a person guilty by
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