Acts and Cases in Law- Units 1 and 2 - Flashcards in GCSE Law 2 (1), 3 (3), The defendants, who canned 3,500,000 tins of peas in a factory during a season of some seven weeks, supplied to a retail store a tin of peas which was found by its purchaser to contain a caterpillar. It was sufficient to show that the defendant intended to take the girl out of the possession of her father. smedleys v breed 1974 case summary - lawland.ch The defendant ran off with an under-age girl. Provides basic safety to public - Smedleys v Breed 1974 (catterpillar in peas; goes against statute) Easier convictions with no mens rea - speeding tickets created during industrial revolution to convict factory owners straightforward and clear regulations - Alphacell v Woodward 1972 (clearing floor after factory spillage) The following additional cases were cited in argument: Bibby-Cheshire v. Golden Wonder Ltd. [1972] 1 W.L.R. A D, a butcher asked a vet to examine a carcass to check it was fit for human consumption . Originally created for students of Wyke Sixth Form College. On 25th February, 1972, Mrs. Voss, a Dorset housewife, entered a supermarket belonging to Tesco Limited and bought a tin of Smedleys' peas. 1955,1 they relied on section 3 (3). But they certified that a point of law of general public importance was involved in their decision, namely: section 3(3) of the Food and Drugs Act, 1955. The legislature no doubt recognised that as a matter of public policy this would be most unfortunate. Strict liability Flashcards | Quizlet These are the sources and citations used to research Advs and Disadvs of lay magistrates. The actus reus (Latin for 'guilty act') is made up of all the parts of a crime except the defendant's mental state. English [] Verb []. Do you have a 2:1 degree or higher? Smedleys Limited v Breed: HL 1974 - swarb.co.uk Lord Reid held that the strong inference that possession of a package by an accused was possession of its contents could be rebutted by raising real doubt either (a) whether the accused (if a servant) had both no right to open the package and no reason to suspect that the contents of the package were illicit, or (b) that (if the accused were the owner of the package) he had no knowledge of, or was genuinely mistaken as to, the actual contents or their illicit nature and received them innocently, and also that he had no reasonable opportunity since receiving the package to acquaint himself with its contents. Though the contrary was argued in the Divisional Court, it was accepted in this House that the substance of the peas and caterpillar taken together were not of the substance demanded by the purchaser. This case required the court to decide upon the legality of an operation to separate conjoined twins . Horder, A Critique of the Correspondence Principle in Criminal Law [1995] Crim.L.R. Before making any decision, you must read the full case report and take professional advice as appropriate. A 2023 vLex Justis Limited All rights reserved, VLEX uses login cookies to provide you with a better browsing experience. 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). The Divisional Court held that the conviction should be quashed, despite the absence from s16(2) of any words requiring proof of mens rea as an element of the offence. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Lord Evershed stated: But it is not enough in their Lordships opinion merely to label the statute as one dealing with a grave social evil and from that to infer that strict liability was intended. It was held that knowledge that the girl was under the age of 16 was not required in order to establish the offence. Shelley's"Adonais" As a Pastoral; An Evaluation of the Place Occupied by the Greek Pastoral Elegy from Its Earliest Appearance to the Present NOTE: The court seems to have been inconsistent in its use of terminology in the present case. Free resources to assist you with your legal studies! Cite case law. 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. Subscribers are able to see any amendments made to the case. R v HM Treasury, ex parte Smedley [1985] 1 QB 657 With Strict Liability, people who commit the crimes which it influences can be seen to be brought to justice. The Act was to be construed to be . Actus Reus In Recklessness And Common Assault Law Essay - UKEssays.com An interesting issue in which the principle of coincidence is circumvented is in voluntary intoxication cases, such as in DPP v Majewski 1977.36 Here, it is argued that the person who voluntarily intoxicates him- or herself has the mens rea for basic intent offences due to recklessness. Lord Salmon: 738, D.C. Evans v. Jones [1953] 1 W.L.R. Note: a limited defence now exists under the Misuse of Drugs Act 1971. Sweet v Parsley (1970) This is particularly the case with true crimes where conviction involves serious consequences, B v DPP (2000) Of course where an offence is unclear and yet involves issues of social concern, the courts are at liberty to interpret the crime as one of strict liability as they did in the Shah case. Subscribers are able to see the revised versions of legislation with amendments. The following will look into the theoretical ideas behind the mens rea requirement, the current legal framework of strict liability offences in criminal law and the way in which these are justified by the courts in order to answer the set question of whether it is justifiable to hold people responsible for criminal offences, when they did not form mens rea. DOC Criminal Law [G143] - WordPress.com Notwithstanding non-negligent quality control, there was strict liability at criminal law where a caterpillar identical in colour, size, density and weight to the peas in a tin survived the process in one out of three million tins.Viscount Dilhorne said: 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. The defendant knew that the girl was in the custody of her father but he believed on reasonable grounds that the girl was aged 18. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. My Lords, I do not think that I need discuss the actual terms of the Case Stated by the Magistrates. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. The defendants had instituted and maintained a system whereby the peas were subject to visual examination by properly trained and experienced employees who were not permitted to remain on the inspection line for long periods and who were paid a bonus if they detected and removed extraneous matter. 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 House of Lords, the immolated insect has at length plodded its methodical way to the highest tribunal in the land. 16J. She was not, however, to know this, and with commendable civic zeal, she felt it her duty to report the matter to the local authority, and in consequence, grinding slow, but exceeding small, the machinery of the law was set in inexorable motion. 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 House of Lords, the immolated insect has at length plodded its methodical way to the highest tribunal in the land. 4J. Take a look at some weird laws from around the world! 701, D.C. On June 6, 1972, an information was preferred by the prosecutor, William Roger Breed, a chief inspector of weights and measures, against, 1 Food and Drugs Act 1955, s. 2: "(1) If a person sells to the prejudice of the purchaser any food which is not of the substance demanded by the purchaser, he shall, subject to the provisions of the next following section, be guilty of an offence. It reads (so far as material) as follows: "A person against whom proceedings are brought under this Act shall, upon information duly laid by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have any person to whose act or default he alleges that the contravention of the provisions in question was due brought before the court in the proceedings; and if, after the contravention has been proved, the original defendant proves that the contravention was due to the act or default of that other person, that other person may be convicted of the offence, and, if the original defendant further proves that he has used all due diligence to secure that the provisions in question were complied with, he shall be acquitted of the offence.". A caterpillar was found in it. The defendant met a girl under sixteen years of age in a street, and induced her to go with him to a place at some distance, where he seduced her, and detained her for some hours. 7J. 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. On appeal against conviction on the grounds that it had not been established that the food was not of the substance demanded and that on a liberal reading of section 3 (3) and having regard to modern production methods the occasional presence of a caterpillar in a tin of peas was inevitable:-. by | Jun 14, 2022 | black girl names that start with z | lawrence trilling parents | Jun 14, 2022 | black girl names that start with z | lawrence trilling parents 759. It was held that in the absence of any evidence that the defendant knew, or had reason for knowing, or that he believed, that the girl was under the care of her father at the time, that a conviction under s55 OAPA 1861 could not be sustained. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. Advantages and Disadvantages of Strict Liability | AntiEssays Lord Hope was quoting Viscount Dilhorne in Smedleys Ltd v Breed, fair trial in criminal proceedings38 which is engaged bythe imposition of strict criminal liability and to which we shall returnlater.33. The vet said it was fine and so he sold it. It now falls to me to deliver my opinion upon its case. 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). Smedleys v Breed (1974) The D's, a large scale manufacturer of tinned peas, producing over 3 million tins in a seven week season, was convicted under the Food and Drugs Act (1955 . Many losses resulting from to Environmental Criminal Liability: Imposing Sanctions. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the . (3) That section 3 (3) was to be construed as imposing a stringent obligation on a defendant (post, p. 987A-B, E-F) and since the caterpillar could readily have been removed from the peas had it been noticed, the defendants had failed to establish the defence on which they relied. The relevant sections of the Act are as follows: Despite what has been said by my Noble and Learned friend, Viscount Dilhorne, to the contrary, I think this concession to have been right. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. They contended that the presence of the caterpillar in the tin was an unavoidable consequence of the process of collection or preparation and that they therefore had a defence under s3(3) of the 1955 Act. If the defendant is unaware that he has been made the subject of an order prohibiting him from entering a country, the imposition of strict liability should he transgress the order would not in anyway promote its observance. Decision of the Divisional Court of the Queen's Bench Division, 3. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. We do not provide advice.

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