Crown Prosecution Service v M & B [2009] EWCA Crim 2615 (11 December 2009)

Crown Prosecution Service v M & B [2009] EWCA Crim 2615 (11 December 2009)

Section 40C(1)(a) of the Prison Act 1952 (as amended) is not an offence of strict liability; the prosecution must prove the absence of a genuine belief on the part of the defendant that he was not bringing a prohibited article into prison. The presumption of mens rea is not rebutted by the statutory language or...

Source-derived case information.

Citation
[2009] EWCA Crim 2615
Parties
Appellant: Crown Prosecution Service; Respondent: M; Respondent: B
Jurisdiction
England and Wales
Judgment Date
11 December 2009
Procedural Posture
Criminal Appeal / Appeal Against Preparatory Hearing Ruling
Outcome
appeal dismissed
Legal Topics
Strict Liability, Mens Rea, Prison Offences, Statutory Interpretation
Criminal Law Strict Liability Mens Rea Prison Offences Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Crown Prosecution Service

Appellant

M

Respondent

B

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Preparatory Hearing Ruling

Legal Issues

  1. 1 Whether the offence under section 40C(1)(a) of the Prison Act 1952 (as amended) is one of strict liability or requires proof of mens rea.

Ratio Decidendi

Section 40C(1)(a) of the Prison Act 1952 (as amended) is not an offence of strict liability; the prosecution must prove the absence of a genuine belief on the part of the defendant that he was not bringing a prohibited article into prison. The presumption of mens rea is not rebutted by the statutory language or context.

Court Disposition

appeal dismissed

Orders

  • The Crown's appeal is dismissed.