mens rea. Advantages and Disadvantages of Strict Liability Smedleys Ltd v Breed [1974] AC 839- S 2 (1) FDA 1955 - (s 14 (1) FSA). Accordingly, people should not be criminally liable for offences, unless a blameworthy state of mind has been proved. This, after all, is the meaning of actus non facit reum nisi mens rea sit.30 Simester and Sullivan commented that Parliament normally does not, and indeed should not, intend to make criminals of those who are not blameworthy and do not warrant that label.31. 339 affirmed. Accordingly, it is necessary for the subjective mens rea to correspond with the precise nature of the relevant actus reus.16, This discussion necessitates a critical evaluation of the principle of strict liability and the question whether it violates traditional principles of criminal responsibility. Critically Discuss Mens Rea - LawTeacher.net Types of offence include blasphemous libel (Lemon v Gay News, 1979), regulatory offences (Smedleys v Breed, 1974 and Sweet v Parsley, 1970) and cases involving public welfare (Harrow LBC v Shah, 1999). Smedleys v Breed / EBradbury Law Disclaimer: This essay has been written by a law student and not by our expert law writers. 848E-F, 854D,859D, 860E-F, 861H). The justices were of the opinion that the offence charged against the defendants was an absolute offence and that although they had satisfied the justices that they had taken all reasonable care to prevent the presence of the caterpillar in the tin, that was not an unavoidable consequence of the process of collection or preparation of the peas. Smedleys Ltd. v. Breed, Request a trial to view additional results, Johnson Tan Han Seng v PP and Soon Seng Sia Heng v PP and PP v Chea Soon Hoong and Teh Cheng Poh v PP. 2Horder, J., Two histories and four hidden principles of mens rea, L.Q.R. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. * 1974', Per Lord Hailsham, ' Smedleys Ltd v Breed [1974]2 All ER 21(HL) at 24 : Thereafter, the caterpillar achieved a sort of posthumous apotheosis . Subscribers are able to see any amendments made to the case. Investigation officers heard an unlicensed radio station broadcast and traced it to a flat where the defendant was discovered alone standing in front of the record decks, still playing music and wearing a set of headphones. The most significant argument in this regard is that strict liability offences violate the principle of coincidence, which is a traditional notion in the area of criminal responsibility. 234 on its facts. In-house law team. Strict liability - e-lawresources.co.uk IMPORTANT:This site reports and summarizes cases. 402; 107 L.J. The defendant punched a mother holding her baby. The then Attorney-General, Sir Hartley Shawcross, said: It has never been the rule in this country I hope it never will be that criminal offences must automatically be the subject of prosecution. He pointed out that the Attorney-General and the Director of Public Prosecutions only intervene to direct a prosecution when they consider it in the public interest to do so and he cited a statement made by Lord Simon in 1925 when he said: there is no greater nonsense talked about the Attorney-Generals duty than the suggestion that in all cases the Attorney-General ought to decide to prosecute merely because he thinks there is what the lawyers call a case. Learn faster with spaced repetition. smedleys v breed 1974 case summaryjury duty summons date vs reporting date Get Business Credit and Financing To Grow Your Business!!! The river had in fact been polluted because a pipe connected to the defendants factory had been blocked, and the defendants had not been negligent. 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This claim has, however, been vehemently contested.7 The ideas of subjectivism gained in popularity and developed to become the orthodox academic theory of mens rea in the early 20th century, based on the belief that subjectivism had derived its authority from the primary historical use of the theory in the evolution of case law on the subject over many years.8 Apart from this, Jeremy Horder explains in his article Two histories and four hidden principles of mens rea, that the proponents of a historical authority of subjectivism have overlooked rival claims of an equally comprehensible set of principles of mens rea which are known as hidden principles.9 Accordingly, the most significant hidden principles are referred to as the malice principle and the proportionality principle. . Related documentation. Mr. Dutchman-Smith took us in the course of argument to authority, and in particular to the case of Smedley Ltd. v. Breed [1974] 2 All E.R. Looking for a flexible role? 759. He said he thought they both contained perfume. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. Bell (eds. The defendant company was convicted of selling food not of the substance demanded by the purchaser contrary to s2(1) of the Food and Drugs Act 1955 (now replaced). He was charged with being in possession of a prohibited drug contrary to s1 of the Drugs (Prevention of Misuse) Act 1964 (now replaced). The defendant was convicted of using wireless telegraphy equipment without a licence, contrary to s1(1) Wireless Telegraphy Act 1949 and appealed on the basis that the offence required mens rea. The appellant was unaware of the pollution and it was not alleged that they had been negligent. 2 (1), 3 (3), Food and Drugs - Act or default of third person - Canners - Large quantities of peas canned - Proper system of inspection during processing - Caterpillar found in one tin supplied to retailer - Proceedings against suppliers -Whether presence of caterpillar unavoidable consequence of process of collection or preparation - Whether statutory defence established - Food and Drugs Act 1955, ss. STRICT LIABILITY - PowerPoint PPT Presentation This innocent insect, thus deprived of its natural destiny, was in fact entirely harmless, since, prior to its entry into the tin, it had been subjected to a cooking process of twenty minutes duration at 250 Fahrenheit, and, had she cared to do so, Mrs. Voss could have consumed the caterpillar without injury to herself, and even, perhaps, with benefit. We and our partners use cookies to Store and/or access information on a device. On the other hand, they may also be historical authority, which is supported, for instance, by the core direction of the development of recent case law.4 One of the leading ideas of the soundest theory of guilt is provided by Andrew Ashworth,5 who claims that the soundest theory of guilt is best provided for in a version of subjectivism.6 Accordingly, Subjectivists claim that the key question of whether there can be criminal liability without mens rea is best answered by rejecting the idea that it is morally justified to enforce criminal liability on people for consequences which went beyond the ones that were initially intended or foreseen. The vet said it was fine and so he sold it. smedleys v breed 1974 case summary . ACTUS non facit reum nisi mens sit rea is viewed as one of the key principles in common law principles of criminal liability.1 This principle is, however, highly abstract. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. 7th Sep 2021 Subscribers are able to see a visualisation of a case and its relationships to other cases. If he or she accidentally kills another person during this attempt, the mens rea of the attempt to kill the first person will be transferred to the death of the other person. Only full case reports are accepted in court. smedleys v breed 1974 case summary - biia.ca Principles are thought to become authoritative in a minimum of two senses. View examples of our professional work here. 1997, 113(Jan), 95-119, 95. Lord Widgery, C.J. From local authority to the Dorchester magistrates, from the Dorchester magistrates to a Divisional Court presided over by the Lord Chief Justice of England, from the Lord Chief Justice to the . He was charged with an offenceof taking a girl under the age of 16 out of the possession of her parents contrary to s55 of the Offences Against the Person Act 1861 (now s20 of the Sexual Offences Act 1956). Due diligence and quality assurance in the UK - ScienceDirect If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. The Criminal Courts and Lay People - Key Cases - Memrise 1955,1 they relied on section 3 (3). This bibliography was generated on Cite This For Me on Friday, March 17, 2017. In Smedleys Ltd v Breed [1974] AC 839, 856, Viscount Dilhorne made these comments on the propriety of instituting a prosecution under the food and drugs legislation in that case: "In 1951 the question was raised whether it was not a basic principle of the rule of law that the operation of the law is automatic where an offence is known or suspected. Subscribers are able to see a list of all the cited cases and legislation of a document. The defendant was convicted under s5 of the Dangerous Drugs Act 1965 (now replaced), of being concerned in the management of premises used for the smoking of cannabis.
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