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In English law there are more than 8,000 sorts of criminal offence. There are few, however, to which the argument “I did it in order to stop my snakes from falling asleep” would be recognised as a lawful defence.

Now there’s a case which shows that a “stimulating my serpents” defence can be argued. Caroline Shepherd, the chief adjudicator of parking appeals, has recently recounted the case in which a woman appealed to the Traffic and Parking Appeals Service about a parking offence.

The driver was a belly dancer who had stopped in her car in a restricted parking zone in London. She had left her vehicle stationary with the engine running, and walked off with some props into the building where she was to perform. She was issued with a penalty but successfully appealed. She explained that her conduct was necessary because in her car she had snakes that she was about to use in her “exotic dance routine”. She needed to leave the engine running, she explained, in order to keep her reptiles warm to stop them from falling asleep. If they fell asleep they would, the appeal was told, be difficult to rouse quickly enough for their impending stage performance with the dancer. Her appeal succeeded and the fine was cancelled.

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Facing a criminal charge in Brisbane District Court, Australia, in 2006, Katsuhide Naito, a Japanese man, also gave an unusual excuse. He told the court that his otherwise criminal conduct should be seen sympathetically in the context that he committed the offence only in order “to acquire a champion Australian cattle dog”.

Naito had contravened laws about bringing living matter into Australia. He had aimed to swap his organic contraband for the cattle dog. He might have been treated leniently had he tried to smuggle a ladybird or four-leaf clover. But the authorities who searched his bag were not impressed to find 39 live snakes, lizards and turtles.

The Brisbane judge declared that the wrongdoing was very serious. He ruled that the proper court order was one for euthanasia and stuffing. Mr Naito might well have fainted with shock at that point but the judge explained it was the reptiles that should be given the treatment and then donated them to the Queensland Museum. Naito himself was spared and given a three-month prison sentence.

Professor Slapper is Director of the Centre for Law at The Open University. His recent book How the Law Works is published by HarperCollins

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