Crown Prosecution Service v M & B

Crown Prosecution Service v M & B

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 the prohibited article into prison. The presumption of mens rea is not rebutted by the statutory language or context.

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

Case Brief

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Parties

Crown Prosecution Service

Appellant

M

Respondent

B

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Preparatory Hearing Ruling

Legal Issues

  1. 1 Whether section 40C(1)(a) of the Prison Act 1952 (as amended) creates an offence 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 the prohibited article into prison. The presumption of mens rea is not rebutted by the statutory language or context.

Court Disposition

appeal dismissed