harrow lbc v shah case summary

MR M BATCHELOR (instructed by Messrs Shah and Burke, London, NW10) appeared on behalf of the Appellant. 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. The defendant rented a farmhouse and let it out to students. Transactions made by M. Alberti and Co., a law firm, for the month of March are shown below and on the next page. In Harrow LBC v Shah and Shah the defendants were charged under s 13(1)(c) of the National Lottery etc. It was necessary to decide if it had to be proved that they knew that their deviation was material or whether the offence was one of strict liability on this point. Mark Batchelor (Asst Director of Trading Standards, London Borough of Harrow) for the appellant; Milan Dulovic (Shah & Burke) for the respondents. This case involved s 58(2) of the Medicines Act 1968, which provides that no person shall supply specified medicinal products except in accordance with a prescription given by an appropriate medical practitioner. Their defence was that this was the fault of the store manager for not checking the shelves properly and it was due to this that the items were advertised at a lower price. Neither the defendant or his daughter made any enquiry as to whether the policeman was on duty. The defendant (26) was charged with indecently assaulting a 14 year old girl, contrary to section 14 of the Sexual Offences Act 1956. As already stated, where words indicating mens rea are used, the offence is not one of strict liability. In the absence of a clear intention 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.. Held: Appeal dismissed and conviction was upheld. He said this: "The climate of both parliamentary and judicial opinion has been growing less favourable to the recognition of absolute offences over the last few decades; a trend to which section 1 of the Homicide Act 1957 and section 8 of the Criminal Justice Act 1967 bear witness in the case of Parliament, and in the case of the Judiciary, is illustrated by the speeches of this House in Sweet v. Parsley [1970] AC 132. 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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. They also told their staff that if there was any doubt about a customers age, the staff should ask for proof of age, and if still in doubt should refer the matter to the defendants. Winzar v Chief Constable of Kent, The Times, 28 March 1983. The defendant was charged with s55 OAPA. The defendant and his employees made the honest mistaken by not realising that he was drunk. Second, although the maximum sentence for conviction on indictment is two years, a fine, or both, those penalties apply to all persons who are guilty of any offence under the section including the promoter. The other judge in the case of Sherras, Wright J, pointed out that if the offence was to be made one of strict liability, then there was nothing the publican could do to prevent the commission of the crime. These factors are well established. required is strong where the offence is truly criminal in character. If the particular section is silent on the point, then the courts will look at other sections in the Act. Case law 5.2. Held: The option to repurchase land was prima facie void. This was upheld in Carlill v Carbolic Smoke Ball Co. [1983] concerning unilateral contract. Apart from insanity, therefore, the defendant's state of mind would cease to be relevant. Join thought-provoking conversations, follow other Independent readers and see their replies. Most strict liability offences are regulatory in nature. Regulatory offences also referred to as quasi-crimes are thought to be strict. In that case the defendant was able to rely on the defence of mistake. They had told their staff not to sell tickets to anyone under 16 years. 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. 3. 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. He understood that if he was in any doubt about the age of the purchaser he should ask for proof of identity and that if still in doubt he should then refer the matter to the respondents or refuse to sell. In that belief he accordingly served him with liquor. I help people navigate their law degrees. AN OFFENCE of selling a lottery ticket to a person who had not attained the age of 16 years contrary to s 13 of the National Lottery Act 1993 and reg 3 of the National Lottery Regulations 1994 was an offence of strict liability and it was therefore unnecessary for the prosecution to prove that a person charged with such an offence knew or was reckless as to the age of the customer. There are various aspects to the exercise. The defendant knew that she was in the possession of her father, but believed (on reasonable grounds) that she was 18. In Callow v Tillstone [1900], a butcher was convicted because he sold meat in poor condition even though the meat was certified as safe by a vet before the butcher sells them and regardless of how diligent he was ensuring the safety of the meat. However, the court held that knowledge of her age was not required. The first known case on strict liability is thought to be Woodrow (1846) 15 M & W 404. F v Harrow LBC JR/557/2017 - Age assessment judicial review . Additionally, the Trading Standards is established to preserve a fair market and to uphold consumers rights in order to prevent them from being exploited. Oliver cannot sue Joses Apparel Ltd. under contract law. Both these offences carry the same maximum sentence (two years imprisonment, a fine or both) for conviction after trial on indictment. Parliament is criticised for this. . 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. -punctuation helps create meaning - lack of it can be a problem. IN DETERMINING whether a defendant "did the act or made the omission charged" for the purposes of the Trial of Lunatics Act 1883, and assuming insanity, the prosecution was required to prove the ingredients constituting the actus reus of the crime alleged, but not the mens rea. This is so for both common law and statutory offences. The salesman mistakenly believed the boy was over 16 years. Non-Fatal Offences: Cases. The defendant was told to leave the hospital, but was later found slumped in a corridor. Recent cases, including the Court of Appeal's judgment in Bou-Simon v BGC Brokers LP and the (as yet unreported) case of Harrow LBC v Engie Regeneration (Apollo) Ltd (2018) (TCC), provide a useful reminder of the strict constraints on implying terms into a commercial contract. The policeman had removed his armband. But he was given a 12 month conditional discharge. Disclaimer: This essay has been written by a law student and not by our expert law writers. So where an offence is held to be one of strict liability, the following points apply: . Victor Joffe (Forsters) for the applicants; Paul Emerson (Jules Cantor) for the liquidator. The feminist movement in Psychology was important because it ____________. In Hibbert the defendant met a girl aged 14 on the street. These are known as crimes of absolute liability. An Invitation to Treat is simply an invitation to people to make an offer. There was no evidence the defendant had acted dishonestly, improperly or negligently. The supermarket was charged with giving an indication that goods were on sale at a lower price than they were in fact. The defendant was charged with selling intoxicating liquor to a drunken person. Re Baron Holding Investments Ltd; Ch D (Pumfrey J) 16 Apr 1999. 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. The words and punctuation. Conviction was quashed because of the difficulty in securing the controlling mind which was also the same problem in P&O European Ferries case. He was served by the defendants daughter in the presence of the defendant. 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'. Truly Criminal - where a crime is truly criminal there is more likely to be a presumption of MR. Harrow LBC v Shah and Shah (1999) The defendants were charged for selling a lottery ticket to a child aged 13 without asking for proof of age. Put another way, do these provisions create an offence of strict (or absolute) liability? Under Part 3 of the Consumer Protection Act 1987, it is a criminal offence to give a misleading price indication to consumers. Looking for a flexible role? In a later case in the CA, Tesco Stores Ltd v Brent LBC [1993], Tesco was convicted of strict liability offence for selling videos to under-age children and the Divisional Court rejected the argument that Tesco did know that the individual was under-age. (See section 1.2.3.). The defendant supplied drugs to somebody who was using a forged prescription, they were charged under s58(2) of the Medicines Act 1968 for supplying drugs without a doctors prescription. 963 , It follows that this is a case where the fourth and fifth of Lord Scarman's propositions are engaged. No due diligence defence will be available. Lim Chin Aik v. The Queen [1963] AC 160 in which the Privy Council considered Wright J's formulation of the principle in Sherras v. De Rutzen [1895] 1 QB 918, Lord Scarman identified the issue in the appeal as being "whether the offences charged were offences of strict liability or required proof of mens rea as to their essential facts". The company received a bill for $2,300\$2,300$2,300 of advertising but will not pay it until a later date. The difficulty in securing convictions against corporate legal persons after deaths occurred at work has led to the existence of a new legislation that is now the Corporate Manslaughter and Corporate Homicide Act 2007 which came into effect on 6th April 2008. "whether an offence contrary to Regulation 3 of the. . The company performed $20,000\$20,000$20,000 of services for customers, on credit. The prosecution has to prove that an individual was responsible and he or she played the role of the controlling mind. MR M DULOVIC (instructed by the London Borough of Brent and Harrow, London, NW2) appeared on behalf of the Respondent. The vet assured him that it was all right to eat, and so the butcher offered it for sale. D had supplied drugs on prescriptions which were later found to be forged. There does not seem, however, to be any sensible pattern for when Parliament decides to include a due diligence defence and when it does not. A report is due out but had not been published at the time of writing the text. As already stated, the actus reus must be proved and the defendants conduct in doing the actus reus must be voluntary. In addition to mandatory public signs, concerning the sale of lottery tickets to under 16s, the respondents had other handwritten signs on the counter, on the till and the lottery terminal reminding staff not to sell to under 16s and they regularly reminded the staff orally of their obligation. (Vice President of the Queen's Bench Division) and. -SL case under national lottery act. The Divisional Court held the offence to be one of strict liability. Despite this the House of Lords held that the Divisional Court was right to direct the magistrates to convict D. The pharmacists had supplied the drugs without a genuine prescription, and this was enough to make them guilty of the offence. Do you have a 2:1 degree or higher? HoL suggested that the common law presumption was that mens rea was required to be proved unless Parliament had indicated otherwise. You should not treat any information in this essay as being authoritative. On their appeal to the House of Lords, the Law Lords held that it was not necessary to prove that the defendants intended to blaspheme. 44 terms. 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. Sweet v. Parsley [1970] AC 132 . B v DPP [2000] 2 AC 428 House of Lords. A Callow v Tillstone. 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. 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. 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. Second, although the maximum sentence for conviction on indictment is two years, a fine, or both, those penalties apply to all persons who are guilty of any offence under the section including the promoter. It has been difficult to convict corporate legal persons due to the proof a guilty mind. Subscribers are able to see a list of all the documents that have cited the case. Also, the Act gives emphasis to gross breaches of relevant duties and the judgment and actions of high-level employees. He was charged with inciting a child under, the age of 14 to commit an act of gross indecency under s1 (1) Indecency with, The offence of inciting a child under the age of 14 to commit an act of gross. However, a defendant can be convicted if his voluntary act inadvertently caused a prohibited consequence. She refused. He took her to another place where they had sexual intercourse. It can be argued that such a defence should always be available for strict liability offences. Alphacell. The London Borough of Harrow, the appellants, were (as they still . In strict liability offences there may be no blameworthiness on the part of the defendant. In R v P&O European Ferries (Dover) Ltd [1991], a ships officer fell asleep while on duty and failed to ensure the ferry doors were closed before it set sail. In Harrow LBC v Shah and Shah (1999) the defendants were charged under, s13 (1) (c) of the National Lottery Act 1993. The maximum of two years cannot therefore be said to be tailormade for a contravention of regulation 3 by a shopkeeper. In both cases the sections in the Licensing Act 1872 were expressed in similar words. 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. In Woodrow this meant proving that he was in possession of the adulterated tobacco. Robert Denman (Joseph Aaron & Co, Ilford) for the plaintiff; Timothy Fancourt (Collyer-Bristow) for the first defendant; Justin Althaus (Armstrong & Co) for Mr & Mrs Uddin. The company had caused the river water to be polluted and hence, conviction was upheld. The other case is Winzar v Chief Constable of Kent, The Times, 28 March 1983; Co/1111/82 (Lexis), QBD. 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. B (A Minor) v DPP [2000] 2 AC 428; Belfon, R v [1976] 1 WLR 741; Harrrow London BC v Shah [2000] CRIM LR 692; R v K [2001] UKHL 41; Subscribe on YouTube. 15th Jun 2019 Case Summary Reference this In-house law team Jurisdiction / Tag(s): UK Law. S.11 (2) stated that if any person offering to supply goods of any description gives, by whatever means, any false indication to the effect that the price at which the goods are offered is equal to or less than a recommended price or the price at which the goods or goods of the same description were previously offered by him or is less than such a price by a specified amount, he shall, subject to the provisions of this Act, be guilty of an offence. Start your Independent Premium subscription today. They allowed the appeal and remitted the case to the magistrates to continue the hearing. D rented a farmhouse and let it out to students. 25th April 1998, during the course of his employment, Mr Hobday sold a national lottery ticket to a young boy who was thirteen-and-a-half. View examples of our professional work here. A case we can look at is Harrow London BC v Shah [2000]. 11 terms. In each case the publican made a genuine mistake. 82 at p. 90 Lord Diplock returned to the subject. There was no evidence either that the company knew of the pollution or that it, Where an offence carries a penalty of imprisonment, it is more likely to be, considered truly criminal and so less likely to be interpreted as an offence of, Facts: D, a 15 year old boy, asked a 13 year old girl to have oral sex with him. This chapter considers those offences where mens rea is not required in respect of at least one aspect of the actus reus. 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. No fault liability encourages higher standards of care amongst business men and property owners for example in the case of (Harrow LBC v Shah) shopkeepers as a result would then take greater care when selling age limited products in the future. Another feature of strict liability offences is that the defence of mistake is not available. Crime. The magistrate trying the case found as a fact that the defendant and his employees had not noticed that the person was drunk. By asking a vet to check the meat he had clearly done all that he could not to commit the offence. In the case of Alphacell v Woodward [1972], the defendants of a company were accused of causing pollution to a river. The appellant appealed on the grounds that he unaware of the customer's drunkenness. 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. Another example where the defendants took all reasonable steps to prevent the offence but were still guilty, as there was no due diligence defence available, is Harrow LBC v Shah and Shah (1999) 3 All ER 302. AQA GCSE Law cases. So too they were in, ofunderage gambling, it has been found necessary to impose strict liability. He was acquitted of the offence as it was not proved that he knew the girl was in the custody of her father. ", "A person guilty of an offence under this section shall be liable. She was charged with being 'an alien to whom leave to land in the UK has been refused and was found in the UK'. If it was, then the butcher in Callow v Tillstone above would not have been guilty. 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 National Lottery Regulations 1994. If you have any question you can ask below or enter what you are looking for! A more modern example demonstrating this is Pharmaceutical Society of Great Britain v Storkwain Ltd (1986) 2 All ER 635. 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. Day J justified his decision in Sherras by pointing to the fact that although s 16(2) did not include the word knowingly, s 16(1) did, for the offence of knowingly harbours or knowingly suffers to remain on his premises any constable during any part of the time appointed for such constable being on duty. However, some offences carrying imprisonment have been made strict liability, offences. He understood that if he was in any doubt about the age of the purchaser he should ask for proof of identity and that if still in doubt he should then refer the matter to the respondents or refuse to sell. IF A local planning authority wished to delegate to a planning officer the authority to make a decision under reg 9 of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 to the effect that an applicant for planning permission which fell within Sch 2 of the regulations need not submit an environmental statement, such a delegation had to be formally made under s 101 of the Local Government Act 1992. Where the particular offence has no words of intention, but other sections in the Act do, then it is likely that this offence is a strict liability offence. The defendant, who was an alien, had been ordered to leave the United Kingdom. Nearly all strict liability offences have been created by statute. Note that the Law Commission consulted in 2010 on possible reform of the offences of public nuisance and outraging public decency. This must be a voluntary act on his part. In Gammon (Hong Kong) Ltd v Attorney-General ofHong Kong (1984) 2 All ER 503, the appellants had been charged with deviating from building work in a material way from the approved plan, contrary to the Hong Kong Building Ordinances. In Lemon and Whitehouse v Gay News (1979) 1 All ER 898, the offence of blasphemous libel was held to be one of strict liability. 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. Bland v Ingram's Estates Ltd and ors; Ch D (Peter Leaver QC sitting as a deputy High Court judge) 13 Apr 1999. The problem lies in deciding which offences are ones of strict liability. Info: 1492 words (6 pages) Essay . Case law is inconsistent, for example, compare Cundy with Sherras v De Rutzen (1895). The key part of the judgment was when Lord Reid said: there has for centuries been a presumption that Parliament did not intend to make criminals of persons who were in no way blameworthy in what they did. See Alphacell v Woodward and Callow v Tillstone above. The respondents were proprietors of Woods Newsagents at Uxbridge Road, Harrow. Subscribers are able to see any amendments made to the case. HARROW LBC v SHAH AND SHAH - all due diligence. . On the other hand, in R v Kite and OLL Ltd [1994], where a leisure company and its managing director were found guilty of corporate manslaughter in the Lyme Bay kayaking tragedy after several students were killed by sending an untrained staff to rough seas in canoe. This is based on the assumption that strict liability imposes higher standards of care and provides greater levels of protection to the public. Southwark LBC v Mills. Net purchases for the month of August were $31,000. The Divisional Court held that the offence did not require any mens rea. Cundy v Le Cocq (1884) 13 QBD 207 Divisional Court The appellant was convicted of unlawfully selling alcohol to an intoxicated person under s.13 Licensing Act 1872. The conducts of the senior executives or those employees who are higher up in the hierarchy are recognised by the company. They were convicted of unlawfully supplying liquor to a police officer on duty. 2. Prepare a tabular analysis which shows the effects of these transactions on the expanded accounting equation, similar to that shown in Illustration 1-8. Throughout the Act it then states whether the the strict liability rule applies to the various offences of contempt of court. D1 was in a back room of the premises at the time; D2 was not on the premises. example of words and punctuation. It was in fact unfit and the butcher was convicted of the offence of exposing unfit meat for sale. They employed a Mr Hobday. Some ten years later in the case of. 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. Landlord and tenant; whether poor soundproofing amounted to breach of covenant for quiet enjoyment. 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. WHERE IT was contended that solicitors were in breach of the dual employment rule the court had to be satisfied that on the facts of the case there was a genuine risk of dual employment as opposed to a mere theoretical possibility, and the court need not always take steps until an actual conflict had arisen. *You can also browse our support articles here >. Interfering with the course of justice especially in relation to court proceedings. There was no finding that D had acted dishonestly, improperly or even negligently. guns are regarded as matters of public safety. The court looked at other sections in the Act and decided that, as there were express provisions for mens rea in other sections, Parliament had intended s 58(2) to be one of strict liability. The defendant (15) had consensual sex with a 12 year old girl, after she had told him she was 15. ACCEPT, 697 Pharmaceutical Society of Great Britain v. Storkwain Ltd [1986] 2 All ER 635 R v. Blake [1997] 1 All E.R. THE FOLLOWING notes of judgments were prepared by the reporters of the All England Law Reports. . One of the staff sold one to a 13 year old without asking for ID. 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. So where an offence is held to be one of strict liability, the following points apply: The defendant must be proved to have done the actus reus. 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. In Piper Alpha [July 1988], a massive explosion destroying a North Sea oil platform killed 67 out of the 229 people on board. This means that the defendant will not be liable if he can adduce evidence that he did all that was within his power not to commit the offence. Harrow LBC V Shah 1999. 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. schedules. 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.. 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. The argument most frequently advanced by the courts for imposing strict liability is that it is . The judges often have difficulty in deciding whether an offence is one of strict liability.
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