106. Criminal liability for public nuisance.

106.     Criminal liability for public nuisance.

There are statutory provisions1 which impose penalties for nuisances affecting public health and comfort. However, the common law liability remains, and any person who by any act unwarranted by law or by any omission to carry out a legal duty endangers the life, health, property, morals or comfort of the public commits an offence known as public nuisance2. A landowner may be criminally liable for public nuisance if he should have known of the likely consequences of activities taking place on his land, even if he had no actual knowledge