harrow lbc v shah case summary

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. 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. Jordan_Watts1. The police were called and they took D to the roadway outside the hospital. It was in fact unfit and the butcher was convicted of the offence of exposing unfit meat for sale. An Invitation to Treat is simply an invitation to people to make an offer. Do you have a 2:1 degree or higher? Info: 1492 words (6 pages) Essay Neither respondent was therefore aware of the transaction. 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. You should not treat any information in this essay as being authoritative. David Perry (CPS) for the Attorney General; James Turner QC (Treasury Solicitor) as amicus curiae. It states: ROBBERY, BURGLARY AND OTHER OFFENCES IN THE THEFT ACTS, Arbitration of International Business Disputes, Brownlies Principles of Public International Law, Health and Human Rights in a Changing World, he Handbook of Maritime Economics and Business, Information Doesn't Want to Be Free_ Laws for the Internet Age, International Contractual and Statutory Adjudication, International Maritime Conventions (Volume 3), International Sales Law A Guide to the CISG, Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect, Research on Selected China's Legal Issues of E-Business, Serving the Rule of International Maritime Law, Stephen Cretney-Family Law in the Twentieth Century_ A History-Oxford University Press (2003), The Impact of Corruption on International Commercial Contracts, Theoretical and Empirical Insights into Child and Family Poverty, The Oxford History of the Laws of England, The Routledge Companion to Philosophy of Law, Trade Policy between Law Diplomacy and Scholarship. One of the staff sold one to a 13 year old without asking for ID. MR M DULOVIC (instructed by the London Borough of Brent and Harrow, London, NW2) appeared on behalf of the Respondent. Leave given - Shah v Shah and others CA 7-Mar-2001 Renewed application for permission to appeal - whether deed validly signed. The modern type of strict liability offence was first created in the mid-nineteenth century. broadcasting. She had no mens rea; her act in returning was not voluntary. 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. Note that the Law Commission consulted in 2010 on possible reform of the offences of public nuisance and outraging public decency. The defendant is liable because they have been found in a certain situation. 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. Under a subsection of s 13 in the National Lottery Act 1993 the mens rea was not needed and there were no provisions for a defence of 'due diligence'. His defence was that he thought the victim was 14 and he had therefore not formed the mens rea. The defendants owed a newsagent's . So too they were in, ofunderage gambling, it has been found necessary to impose strict liability. 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. Pharmaceutical Society of GB v Storkwain Ltd (1986). The defendant, as in Woodrow, is guilty simply because he has done a prohibited act. Robert McCracken (Richard Buxton, Cambridge) for the applicant; Neil King (St Edmundsbury Borough Council) for the authority. 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. You also get a useful overview of how the case was received. 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. The Divisional Court held the offence to be one of strict liability. He was convicted, as he had the intention to remove the girl from the possession of her father. If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! 1 b). In Cundy the defendant was charged with selling intoxicating liquor to a drunken person, contrary to s 13 of the 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. Harrow LBC v Shah and Shah. He would be there of his own volition because he had responded to a request. 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. 340 words (1 pages) Case Summary. Held: The option to repurchase land was prima facie void. Where D has taken all possible care not to do the forbidden act or omission. D had supplied drugs on prescriptions which were later found to be forged. The police found cannabis there. 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. If employees under the corporate hierarchy have behaved unethically, the firm may also be subjected to criminal law. F v Harrow LBC JR/557/2017 - Age assessment judicial review . High Court. AQA AS La w 239 15 Introduction to criminal liability AQA AS La w 239 liability offences effectively is Harrow LBC v Shah (1999), in which a shopkeeper was convicted of the offence of selling a lottery ticket to a minor child, although he thought, reasonably, that the boy was at least 16 years old. He had met the girl (14) on the street and taken her to another place where they had sex. In each case the publican made a genuine mistake. The police had taken him to the highway. 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. 8 The Gammon tests Alternatively, Joses Apparel Ltd. may be sued under criminal law since the State could take an action against the shop under Trade Description Act (TDA) 1968 which had been created to safeguard consumers interests. At page 163 Lord Diplock explained the rationale of the presumption. There are various aspects to the exercise. A saw an expert (a vet) 25 Q Facts: D was a DJ who was convicted of using a station fore wireless telegraphy, without a license contrary to s1 (1) Wireless Telegraphy Act 1949. This happened in the case of Harrow LBC v. Shah and Shah (1999) where the defendants had done their best to prevent sales of lottery tickets to anyone under the age of 16. This was upheld in Carlill v Carbolic Smoke Ball Co. [1983] concerning unilateral contract. 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. -s.13 - only section without MR - selling to child. They employed a Mr Hobday. For nearly all strict liability offences it must be proved that the defendant did the relevant actus reus. 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. Property Offences: Cases. The question set out in paragraph 8 of the Case is this: "whether an offence contrary to Regulation 3 of the National Lottery Regulations 1994 and Section 13 of the National Lottery Act 1993 requires the prosecution to prove that the defendant or his agent was aware of the buyer's age, or was reckless as to his age.". This kind of offence is caused quite simply when a person is found drunk in a public place or highway [A]n example illustrates how sensible that conclusion is. This idea of not requiring mens rea for part of the offence is illustrated by two cases, Prince (1875) LR 2 CCR 154 and Hibbert (1869) LR 1 CCR 184. At the time of the making of the sale Mr Hobday reasonably, but mistakenly, believed that the boy was at least sixteen years old. [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.. The conducts of the senior executives or those employees who are higher up in the hierarchy are recognised by the company. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 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. 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. D is liable if he voluntarily did the actus reus . 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 was upheld in Tesco Supermarkets Ltd. V Nattrass [1972]. She decided to go to Eire, but the Irish Police deported her and took her back to the UK, against her wishes. For new statutory offences, a due diligence defence is more often provided. His conviction was upheld by the CoA. It has been difficult to convict corporate legal persons due to the proof a guilty mind. 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. 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. The vet assured him it was and so the butcher offered it for sale. which they had installed failed, causing polluted effluent to overflow into a river. Criminal contempt of court used to be a strict liability offence at common law. 2. These are known as crimes of absolute liability. Facts. Fatal Offences: Cases. 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. The following two cases demonstrate this. He was acquitted of the offence as it was not proved that he knew the girl was in the custody of her father. An extreme situation is the case of Larsonneur (1993) (the deportation case) She decided to go to Eire, but the Irish police deported her and took her back to the UK, she did not want to go back to the UK. The magistrate trying the case found as a fact that the defendant and his employees had not noticed that the person was drunk. . Another case where all possible care had been taken was Callow v. Tillstone (1900). Harrow LBC V Shah 1999. Figure 4.1 Contrasting the cases of Prince and Hibbert. 4) The presumption can only be displaced if the statute is concerned with an issue of social concern, such as public safety. 5) Strict liability should only apply if it will help enforce the law by encouraging greater vigilance. A case we can look at is Harrow London BC v Shah [2000]. 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. 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. Victor Joffe (Forsters) for the applicants; Paul Emerson (Jules Cantor) for the liquidator. Strict liability is very rare in common law offences. Sweet v. Parsley [1970] AC 132 . 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. 1. However, some offences carrying imprisonment have been made strict liability, offences. Normally criminal law is thought to be based on the culpability of the accused. The Magistrates thought his liability was strict and found him guilty. 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. The feminist movement in Psychology was important because it ____________. He was convicted of a strict liability offence. Put another way, do these provisions create an offence of strict (or absolute) liability? 24 Q In the case of Callow v Tillstone 1900 how did D take all possible care yet was still unable to avoid liability? Regulatory offences also referred to as quasi-crimes are thought to be strict. Those facts are simple. If it was, then the butcher in Callow v Tillstone above would not have been guilty. S13 (1) (a) clearly allows a defence of due, diligence so this meant that the Act was one where the offences were strict, In Gammon (1984) the Privy Council stated that the presumption that mens rea is. 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. The prosecution appealed by way of case stated to the Queens Bench Divisional Court. The salesman mistakenly believed the boy was over 16 years. 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. B v DPP [2000] 2 AC 428 House of Lords. Section 13(1) (c) provides that Any other person who was a party to the contravention shall be guilty of an offence. Join thought-provoking conversations, follow other Independent readers and see their replies. In that case a poem had been published in Gay News describing homosexual acts done to the body of Christ after his crucifixion and also describing his alleged homosexual practices during his lifetime. Ben_Snaith. A Callow v Tillstone. 29 terms. 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. In Harrow LBC v Shah and Shah the defendants were charged under s 13(1)(c) of the National Lottery etc. In that case the defendant was convicted of having in his possession adulterated tobacco, even though he did not know that it was adulterated. In Hibbert the defendant met a girl aged 14 on the street. For some offences, the statute creating the offence provides a defence of due diligence. This is important as, if the defence of mistake is available, the defendant will be acquitted when he made an honest mistake. D owned a newsagent where lottery tickets were sold. Subjects | Law Notes | Criminal Law. The surprising fact is that about half of all statutory offences are strict liability. In order to decide whether an offence is one of strict liability, the courts start by assuming that mens rea is required, but they are prepared to interpret the offence as one of strict liability if Parliament has expressly or by implication indicated this in the relevant statute. Harrow LBC v Shah and Shah (1999) 3 All ER 302 . It is now a statutory offence, and Parliament has continued it as a strict liability offence. In general, the Courts will give a ruling after considering all the actions of the employees in a corporation. He was acquitted as he didn't know the girl was in the custody of her father, therefore didn't have the mens rea for that aspect. Harrow LBC v Shah and Shah (1999) 3 All ER 302. Ben_Snaith. It is not known how Winzar came to be taken to the hospital on a stretcher, but commentators on this case point out that there may be an element of fault in Winzars conduct. 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. 11 terms. The clothing shop may also be held liable under both of this Act. 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. HARROW LBC v SHAH AND SHAH - all due diligence. 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. The Divisional Court held that the offence did not require any mens rea. This section makes it an offence for a licensed person to supply any liquor or refreshment to any constable on duty. So s 13 of the Licensing Act 1872 was held to be a strict liability offence as the defendant could not rely on the defence of mistake. 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. Hence, conviction was quashed. HL stated that if reasonable people would regard the matter as something which the defendant had done, despite whether he or she knew of his or her actions, then mens rea is not required. When giving judgment in the case Day J stated: This police constable comes into the appellants house without his armlet, and with every appearance of being off duty. 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. This amounts to over 5, 000 offences. The defendant (26) was charged with indecently assaulting a 14 year old girl, contrary to section 14 of the Sexual Offences Act 1956. When the Consumer Protection from Unfair Trading Regulations interferes with the TDA 1968 and Part 3 of the Consumer Protection Act 1987, it will revoke most of them. This point was reinforced in Sweet, when Lord Reid stated: It is also firmly established that the fact that other sections of the Act expressly require mens rea, for example because they contain the word knowingly, is not of itself sufficient to justify a decision that a section which is silent as to mens rea creates an absolute offence. The editor and publishers were convicted of blasphemy. . Facts: The company was charged with causing polluted matter to enter a river, contrary to s2 (1) (a) of the Rivers (Prevention of Pollution) Act 1951, when pumps. Both these offences carry the same maximum sentence (two years imprisonment, a fine or both) for conviction after trial on indictment. Another feature of strict liability offences is that the defence of mistake is not available. 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. They include offences such as breaches of regulations e.g. 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. Cases. Although the courts start with the presumption that mens rea is required, they look at a variety of points to decide whether the presumption should stand or if it can be displaced and the offence made one of strict liability. 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. This is also known as strict liability offences which are primarily regulatory offences to secure convictions against corporate entities in relation to health and safety. (2) Such regulations may in particular impose requirements or restrictions as to, (a) the minimum age of persons to whom or by whom tickets or chances may be sold. 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. The magistrates dismissed the charges. There is no need to prove mens rea for at least part of the actus reus. The Divisional Court quashed the conviction. In Tesco v Brent [1974], Tesco was convicted for strict liability offence as to selling videos to under-age children. The draft Criminal Code of 1989 included provision for a general defence of due diligence, but the Code has never been enacted. In Piper Alpha [July 1988], a massive explosion destroying a North Sea oil platform killed 67 out of the 229 people on board. Subscribers are able to see any amendments made to the case. She was charged with being 'an alien to whom leave to land in the UK has been refused and was found in the UK'. 3. He was served by the defendants daughter in the presence of the defendant. Clearly, before any question of criminal liability attaching to the respondents can arise, the contravention must be proved as against their employee, Mr Hobday who, as the Justices found, reasonably, but mistakenly, believed that the purchaser of the ticket was at least 16. It states: In this Act the strict liability rule means the rule of law whereby conduct may be treated as a contempt of court as tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so.. The respondents were proprietors of Woods Newsagents at Uxbridge Road, Harrow. The officer was not wearing his armlet at the time. It was apparent that the director has a greater influence on the conduct of companys manager and the courts were able to identify the guilty act and the managing director as the controlling mind. Transactions made by M. Alberti and Co., a law firm, for the month of March are shown below and on the next page. Southwark LBC v Mills. ", At page 163 Lord Diplock explained the rationale of the presumption. In the c -punctuation helps create meaning - lack of it can be a problem. 53 terms. This was widely understood to mean that the officer was not on duty. . 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. Most strict liability offences are regulatory in nature. 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". Attorney General's Reference (No 3 of 1998); CA, Crim Div (Judge LJ, Sachs, Klevan JJ) 25 Mar . Parliament is criticised for this. 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 maximum of two years cannot therefore be said to be tailormade for a contravention of regulation 3 by a shopkeeper. Task Look at the following cases, give brief outline of the case and explain they key points. Looking for a flexible role? The act of selling the ticket to someone who was actually under 16 was enough to make the defendants guilty, even though they had done their best to prevent this happening in their shop. Copyright 2013. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. There were no words in the section requiring the defendant to have knowledge that a constable was off duty. 68-2, March 2004, Journal of Criminal Law, The Nbr. 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. Students working in shops and supermarkets are no doubt aware of the greater vigilance being shown in . Sheppard & Ors (1981) 72 Cr.App.R. She refused. STRICT LIABILITY SUMMARY. liability offences. See Alphacell v Woodward and Callow v Tillstone above. In addition, the Consumer Protection from Unfair Trading Regulations 2008 made it unlawful for shops to display the price of an item contrary to the price showed at the point of sale. 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. 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. An offence where no mens rea is required and where actus reus need not be voluntary very rare. They had told their staff not to sell tickets to anyone under 16 years. The defendant was charged with selling intoxicating liquor to a drunken person. Case law 5.2. This was also upheld in the case of Partridge v Crittenden [1968]. change the version number and provide a summary of the changes. This is a very important tool in determining whether he or she is liable for a persons death.

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