On 07/09/10 13:40, Ganesh Sittampalam wrote:

It seems this case was overturned on appeal, though that's relatively
hard to find - http://home.vicnet.net.au/~safari/newsletters/No58.pdf
(near the bottom of the last column on the last page) says:

Interesting, thanks.

but Kingston Crown Court ruled that he had a
“reasonable excuse” as he was unaware his fare had not been deducted.

Of course, this was a prosecution for bus fare evasion, and section
68(1) of the Public Passenger Vehicles Act 1981, the legislation under
which the case would almost certainly have been brought, says:

"68 (1) It shall be a defence for a person charged with an offence under
any of the provisions of this Act mentioned in subsection (2) below to
prove that there was a reasonable excuse for the act or omission in
respect of which he is charged."

The Railway Byelaws are a rather different kettle of fish, and lack a
"reasonable excuse" defence, AFAICS.

-roy