goods by reference to imperial measures only at Camelford market in Cornwall, they were both convicted in August 2001 at Bodmin Magistrates' Court. Peter Collins sold fruit and vegetables in Sutton and unlike the other appellants, had not been convicted of an offence. Instead, he was contesting the terms of the market stall licence proposed by the legal authority which required metric measures to be used; Sutton Magistrates' Court had rejected his claim. Judgment Magistrates' court In the Sunderland Magistrates' Court Judge Bruce Morgan stated: So long as this country remains a member of the European Union then the laws of this country are subject to the doctrine of the primacy of community law ... The passing of the [European Communities Act] 1972 meant that European legislation became part of our legislation. ... This country ... has joined this European club and by so doing has agreed to be bound by the rules and regulations of the club ... All five appellants, called the "Metric Martyrs" in the press, contested the decisions against them by way of case stated before the Divisional Court of the Queen's Bench Division. High Court The appellants argued first that the fact that the kilogram and the pound were recognised as equally legal units – notwithstanding the 1994 modifications – operated as an implied repeal of Section 2(2) of the European Communities Act 1972 in respect of weights and measures regulation. The doctrine of implied repeal means that where provisions of one Act of Parliament are inconsistent or repugnant to the provisions of an earlier Act, the later Act abrogates the inconsistency in the earlier one. In this case, it was argued that by proclaiming the equal status and legality of metric and imperial measures, Parliament had wished to repeal the authorisation contained in the 1972 Act allowing Ministers to adopt secondary legislation in the field of weights and measures to comply with EU law. Consequently, the Weights and Measures Act 1985 (Metrication) (Amendment) Order 1994 and the Units of Measurement Regulations 1994, both adopted on the basis of this authorisation, were now invalid. The Appellants also argued, relying on the persuasive precedent of the Australian High Court case of Goodwin v Phillips (1908), that implied repeal could work pro tanto, that is to say a later Act could carve out an exception to the operation of an earlier without prejudice to its operation in