harrow lbc v shah case summary

The whole of s 13 reads: 13(1) If any requirement or restriction imposed by regulations made under section 12 is contravened in relation to the promotion of a lottery that forms part of the National Lottery. F v Harrow LBC JR/557/2017 - Age assessment judicial review . He had sat next to a 13 year old girl on a bus and repeatedly asked her to perform oral sex with him. The presumption in favour of mens rea being required before D can be convicted applies to statutory offences and can be displaced only if this is clearly or by necessary implication the effect of the statute. His defence was that he thought the victim was 14 and he had therefore not formed the mens rea. This principle has been affirmed by the House of Lords in B (a minor) v DPP (2000) 1 All ER 833 where the House of Lords reviewed the law on strict liability. Mark Batchelor (Asst Director of Trading Standards, London Borough of Harrow) for the appellant; Milan Dulovic (Shah & Burke) for the respondents. In Cundy the defendant was charged with selling intoxicating liquor to a drunken person, contrary to s 13 of the Act. The courts will always start with this presumption, but if they decide that the offence does not require mens rea for at least part of the actus reus, then the offence is one of strict liability. The police saw he was drunk and charged him with being drunk on the highway (s12 of the Licensing Act 1872). Neither respondent was therefore aware of the transaction. In both these cases the charge against the defendant was that he had taken an unmarried girl under the age of 16 out of the possession of her father against his will, contrary to s 55 of the Offences Against the Person Act 1861. Nearly all strict liability offences have been created by statute. After reading this chapter you should be able to: Understand the basic concept of strict liability in criminal law, Understand the tests the courts use to decide whether an offence is one of strict liability, Apply the tests to factual situations to determine the existence of strict liability, Understand the role of policy in the creation of strict liability offences, Analyse critically the concept of strict liability. M. Alberti withdrew $3,600\$3,600$3,600 cash from the business for personal use. The problem lies in deciding which offences are ones of strict liability. Pharmaceutical Society of Great Britain v Storkwain Ltd(1986) 2 All ER 635. THE COURT had jurisdiction under Ord 23, r 1(1)(a) of the Rules of the Supreme Court "if, having regard to all the circumstances of the case, it thought it just to do so" to order a plaintiff company which was resident and incorporated in the Isle of Man to give security for costs, and was not bound to refuse to do so unless the requirements of s 726 of the Companies Act 1985 were satisfied. Regulatory offences also referred to as quasi-crimes are thought to be strict. Study with Quizlet and memorize flashcards containing terms like R v Mohan, Winzar v Chief Constable for Kent, Harrow LBC v Shah and Shah and more. An Invitation to Treat is simply an invitation to people to make an offer. A butcher asked a vet to examine a carcass to see if it was fit for human consumption. This amounts to over 5, 000 offences. For all offences, there is a presumption that mens rea is required. They were convicted of unlawfully supplying liquor to a police officer on duty. Privy Council started with the assumption that Mens Rea is required before a person can be guilty of a criminal offence, but went on to give four other factors to be considered: The defendants owed a newsagent's . The salesman mistakenly believed the boy was over 16 years. 53 terms. As such, prosecution will no longer have to bias against a senior director or manager and prove that one senior employee is at fault. Harrow LBC v Shah and Shah (1999) 3 All ER 302. They include offences such as breaches of regulations e.g. One of the staff sold one to a 13 year old without asking for ID. For s 16(1) the prosecution had to prove that the defendant knew the constable was on duty, while for s 16(2) the prosecution did not have to prove knowledge, but it was open to the defendant to prove that he did not know. In Hibbert the defendant met a girl aged 14 on the street. If you have any question you can ask below or enter what you are looking for! This subsection does not, include any words indicating either that mens rea is required or that it is, not, nor does it contain any provision for the defence of due diligence. He was convicted, as he had the intention to remove the girl from the possession of her father. 3. Case law 5.2. I help people navigate their law degrees. Regulations, covering health and safety matters in relation to food, drink, pollution, building, and road use are issues of social concern but other issues such as possession of. Course Hero is not sponsored or endorsed by any college or university. Where an Act of Parliament does not include any words indicating mens rea, the judges will start by presuming that all criminal offences require mens rea. The only situation in which the presumption can be displaced is where the statute is concerned with an issue of social concern; public safety is such an issue. 53 terms. Join thought-provoking conversations, follow other Independent readers and see their replies. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Harrow London Borough Council v Shah - Case Law - vLex This section enacts: 13 If any licensed person permits drunkenness or any violent quarrelsome or riotous conduct to take place on his premises, or sells any intoxicating liquor to any drunken person, i he shall be liable to a penalty. The argument most frequently advanced by the courts for imposing strict liability is that it is . It is difficult to reconcile this decision with the decision in Cundy. This must be a voluntary act on his part. . She decided to go to Eire, but the Irish police deported her and took her in police custody back to the United Kingdom, where she was put in a cell in Holyhead police station. No care on the part of the publican could save him from a conviction under s 16(2), since it would be as easy for the constable to deny that he was on duty when asked as to remove his armlet before entering the public house. Act 1993 and the relevant Regulations. Property Offences: Cases. 24 Q In the case of Callow v Tillstone 1900 how did D take all possible care yet was still unable to avoid liability? Shah v Shah: CA 10 Apr 2001 - swarb.co.uk 32 terms. He would be there of his own volition because he had responded to a request. D is liable if he voluntarily did the actus reus . ", In 1984 in the Privy Council case of Gammon Limited v. Attorney General of Hong Kong [1985] 1 AC 10, having reviewed the speeches in Sweet v. Parsley and. Strict Liability Offences - Sam Banks A-Level Revision HoL followed B v DPP, and stated that the presumption is that mens rea was required. He was charged with inciting a child under the age of 14 to commit actts of gross indecency with him, contrary to s1 (1) of the Indecency with Children Act 1960. In fact it was unfit and the butcher was convicted of the offence of exposing unsound meat for sale. In general, the Courts will give a ruling after considering all the actions of the employees in a corporation. Stephen J said: I am of the opinion that the words of the section amount to an absolute prohibition of the sale of liquor to a drunken person, and that the existence of a bona fide mistake as to the condition of the person served is not an answer to the charge, but is a matter only for mitigation of the penalties that may be imposed.. This subsection does not have any provision for a due diligence defence, although s 13(1)(a), which makes the promoter of the lottery guilty, does contain a due diligence defence. At the time of the sale the respondent, Dilip Shah, was not in the shop, but was working in the back room and the respondent, Bharti Shah, was not on the premises. The clothing shop may also be held liable under both of this Act. In Cundy the offence was sells any intoxicating liquor to any drunken person, while in Sherras the offence was supplies any liquor to any constable on duty. Operations Management: Sustainability and Supply Chain Management, The Cultural Landscape: An Introduction to Human Geography, AP Edition, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson. They had told their staff not to sell tickets to anyone under 16 years. The defendant was charged with serving an on-duty police officer with liquor. As it is, where there are no express words indicating mens rea or strict liability, the courts have to decide which offences are ones of strict liability. Share this: Facebook Twitter Reddit LinkedIn WhatsApp Southwark LBC v Mills [1999] 3 WLR 939. This case demonstrates how you can still be guilty of a strict liability offence even if you take precautions, in this case he was found guilty of selling food which was not fit for human consumption even though he had taken precautions by getting a vet to check the meat. Storkwain prince hibbert harrow LBC v shah and shah cundy v le corqe callow v tillstone Mens rea need not to be proved. Southwark LBC v Mills. Outraging public decency was held to be an offence of strict liability in Gibson and Sylveire (1991) 1 All ER 439 since it does not have to be proved that the defendant intended to or was reckless that his conduct would have the effect of outraging public decency. A boy aged 14 was charged with an offence of inciting a child under 14 to commit an act of gross indecency, contrary to section 1 (1) of the Indecency with Children Act 1960. This is distinguished from an offer which can be defined as a persons willingness to enter into a contract and be bounded by its term and conditions. Put another way, do these provisions create an offence of strict (or absolute) liability? seem, however, to be any sensible pattern for when Parliament decides to include a due diligence defence and when it does not. Strict Liability Flashcards | Quizlet For some offences, the statute creating the offence provides a defence of due diligence. Sweet V Parsley 1969 Storkwain 1986 Harrow LBC V Shah and Shah 1999 Quasi-criminal offences B V DPP 2000 Blake 1997 Lim Chin Aik V The Queen 1963 Gammon Hong Kong Ltd V Attorney General Hong Kong Lemon and Whitehouse v Gay news 1979 The respondents were proprietors of Woods Newsagents at Uxbridge Road, Harrow. An on-duty police officer removed his armband before entering the defendants public house. A SINGLE incident of torture of a person who claimed asylum on the basis of a fear of persecution might amount to persecution if a group of which that person was a member had suffered other incidents, but isolated incidents of torture were not, without more, enough to constitute persecution. On this aspect of the offence there was strict liability. The following two cases demonstrate this. Even though the age aspect of the offence was one of strict liability, mens rea was required for the removal aspect, and in this case, the necessary intention was not proved. One of the models of corporate liability which is identification in Tesco Supermarkets Ltd v Nattrass [1972] whereby on appeal to the House of Lords (HL), conviction was quashed on the grounds that the branch manager was not part of the controlling mind in Tescos management structure as he was not in the senior management. It is more possible to reconcile the two cases on this basis as in most cases the fact of a person being drunk would be an observable fact, so the publican should be put on alert and could avoid committing the offence. Determining whether Parliament has created an offence of strict liability involves rather more than applying a particular test, or working through a list of clearly and closely defined criteria. Alphacell. In Harrow London Borough Council v Shah [1999], it is a strict liability offence to sell National Lottery tickets to a person under the age of 16 as it is an issue of social concern stated by the Divisional Court. The clothing shop may be liable under S.1 of this Act which states that it an offence to apply a false trade description to any goods or supplies or offers to supply any goods to which a false trade description is applied in the course of a trade or business. However, if a man in a restaurant made a thorough nuisance of himself, was asked to leave, objected and was ejected, in those circumstances he would not be in a public place of his own volition because he would have been put there It would be nonsense if one were to say that the man who responded to the plea to leave could be said to be found drunk in a public place or in a highway, whereas the man who had been compelled to leave could not. At the time of the making of the sale Mr Hobday reasonably, but mistakenly, believed that the boy was at least sixteen years old. Even where the statute is concerned with such an issue, the presumption of mens rea stands unless it can be shown that the creation of strict liability will be effective to promote the objects of the statute by encouraging greater vigilance to prevent the commission of the prohibited act. I say 'must have been' because it is a universal principle that if a penal provision is reasonably capable of two interpretations, that interpretation which is most favourable to the accused must be adopted.". This is so for both common law and statutory offences. The defendant (15) repeatedly asked a girl (13) on the bus to perform oral sex on him. As a matter of fact, the constable was on duty; but does that fact make the innocent act of the appellant an offence? Regulation 3 provides: "No National Lottery ticket shall be sold by or to a person who has not attained the age of 16 years.". It was in fact unfit and the butcher was convicted of the offence of exposing unfit meat for sale. The Privy Council started with the presumption that mens rea is required before a person can be held guilty of a criminal offence but went on to give four other factors to be considered. Subscribers are able to see a visualisation of a case and its relationships to other cases. In addition there were clear notices up in the shop about the rules, and staff were frequently reminded that they must not sell lottery tickets to underage customers. For new statutory offences, a due diligence defence is more often provided. This is a very important tool in determining whether he or she is liable for a persons death. The defendant rented a farmhouse and let it out to students. Conviction was quashed because of the difficulty in securing the controlling mind which was also the same problem in P&O European Ferries case. One of their staff sold a lottery ticket to a 13-year-old boy without asking for proof of age. In each case the publican made a genuine mistake. Prepare a tabular analysis which shows the effects of these transactions on the expanded accounting equation, similar to that shown in Illustration 1-8. In this case even the use of an expert (a vet) was insufficient top avoid liability. The starting point in each case is always the samenamely, there is a presumption that included in the ingredients of the offence under consideration is the element of mens rea. An offence where no mens rea is required and where actus reus need not be voluntary very rare. 3) The presumption is particularly strong where the offence is of truly criminal character. She did not want to return to the United Kingdom. Subscribers are able to see any amendments made to the case. [Related to the Apply the Concept on page 270] An opinion columnist for bloomberg.com observed, A lot of people seem to think that committed, long-term shareholders should get more say than those who can bail out at any moment.. Despite this, the House of Lords still held that the offence, The type of crime and whether it is truly criminal are linked to another condition, laid down by the case of Gammon (1984) that is the question of whether the, crime involves an issue of social concern. In the case of Alphacell v Woodward [1972], the defendants of a company were accused of causing pollution to a river. First, whereas in subsection (1) paragraphs (a) and (b) the liability of the promoter and the promoter's, directors, managers and the like is tempered by the provision of a statutory defence, in subsection (1)(c) the liability of 'any other person' who was a party to the contravention of the regulation is not expressed to be subject to a statutory defence. In that case the defendant was convicted of having in his possession adulterated tobacco, even though he did not know that it was adulterated. The sociological and political context was one of increased strain on police resources and widespread problems with the police Associative Discrimination and Equality Act. On. Under Part 3 of the Consumer Protection Act 1987, it is a criminal offence to give a misleading price indication to consumers. He had met the girl (14) on the street and taken her to another place where they had sex. In Harvey v Facey [1863], giving information was not an offer but was just an indication of the lowest price if he decides to sell. He was convicted of a strict liability offence. For this the courts will start with presuming that mens rea should apply. They phoned the police who took the defendant to the road outside. Law report: Case Summaries | The Independent | The Independent Act 1993. He had become drunk, and in order to have been taken to hospital must have either been in a public place when the ambulance collected him and took him to hospital, or he must have summoned medical assistance when he was not ill but only drunk. . The corporation may only be personally or directly liable for their own actions by distinguishing the individual with controlling mind. This leads me to the conclusion that a person is found to be drunk or in a public place or in a highway, within the meaning of those words as used in the section, when he is perceived to be drunk in a public place. All staff were told not to sell any lottery ticket to anyone under 16 and to check ID's. one of the staff sold a ticket to a 13- year-old boy. "The Secretary of State may by regulations make such provisions in relation to the promotion of lotteries that form part of the National Lottery as he considers necessary or expedient. AQA Law AS Unit 2 Criminal Law Cases. Thisapproach is likely to continue: Harrow LBC v Shah, v Attorney-General of Hong Kong [1985] AC 1but also more recently in Blake [1997] 1 All ER 963; Harrow London BoroughCouncil v Shah, to as public welfare or regulatory offences.15 Pearks, Gunston & Tee Ltd vWard [1902] 2 KB 1 at 11; London Borough of Harrow vShah, vigilance on the part of potential offenders would be promoted(see, for similar arguments, Harrow London Borough Council vShah, This is a prosecutor's appeal by way of case stated against a decision of the Harrow Justices on 30th September 1998 dismissing informations laid against the respondents, Dilip Shah and Bharti Shah, alleging a contravention of section 13 of the National Lottery Act 1993 and regulation 3 of the. Hence, the company may be liable and be subjected to compensate Oliver. An Act Committed without Mens Rea - LawTeacher.net This subsection does not include any words indicating either that mens rea is required or that it is not, nor does it contain any provision for the defence of 'due diligence'. These are. Callow v Tillstone 1900. When a consumer is misled, Joses Apparel Ltd. may be subjected to a fine up to 5000 in the magistrates courts. MR M BATCHELOR (instructed by Messrs Shah and Burke, London, NW10) appeared on behalf of the Appellant. The respondent, Mr Qazi, lived with his then wife Mrs Saman Qazi and their daughter in a two-bedroomed house at 31 Hutton Lane, Harrow Weald, Middlesex. "whether an offence contrary to Regulation 3 of the. D1 and D2 were charged with selling a lottery ticket to a person under 16, contrary to s 13(1)(c) of the National Lottery etc. The feminist movement in Psychology was important because it ____________. The defendant, who was an alien, had been ordered to leave the United Kingdom. It is enough for the commission of the offence if (1) a person is in a public place or a highway, (2) he is drunk, and (3) in those circumstances he is perceived to be there and to be drunk.. So again, the court has to look at other sections of the Act to find out if it is an This appeal concerns the meaning of that provision and its application to the facts of this case. (See section 1.2.3.). 29 terms. A . 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. She refused. The case of Bolton v Stone 1951 points to a failure to prove breach of care; The defendants had taken reasonable care that damage would not happen (wall) If this case, fault will not be proved and the claimant will have lost their case for damages; Consider also the case of Paris v Stepney LBC 1951; Defences. Advanced A.I. Cundy v Le Cocq - e-lawresources.co.uk In the absence of a clear indication in the Act that an offence is intended to be an absolute offence, it is necessary to go outside the Act and examine all relevant circumstances in order to establish that this must have been the intention of Parliament. It is now a statutory offence, and Parliament has continued it as a strict liability offence. Lord Russell said: Why then should the House, faced with a deliberate publication of that which a jury with every justification has held to be a blasphemous libel, consider that it should be for the prosecution to prove, presumably beyond reasonable doubt, that the accused recognised and intended it to be such The reason why the law considers that the publication of a blasphemous libel is an offence is that the law considers that such publications should not take place.

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