Johnson, R v [2017] EWCA Crim 189 (10 March 2017)

Johnson, R v [2017] EWCA Crim 189 (10 March 2017)

A defendant is criminally liable under s40B(1)(a) and s40C(1)(a) of the Prison Act 1952 if he knowingly conveys a package containing prohibited articles into prison, regardless of whether he knows the specific nature of the contents.

Citation
[2017] EWCA Crim 189
Parties
Appellant: R; Respondent: Wayne Johnson
Jurisdiction
England and Wales
Judgment Date
10 March 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Mens Rea, Prison Contraband, Strict Liability, Interpretation of Prison Act 1952
Criminal Law Mens Rea Prison Contraband Strict Liability Interpretation of Prison Act 1952

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Parties

R

Appellant

Wayne Johnson

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether knowledge of the specific nature of prohibited articles is required for conviction under s40B(1)(a) and s40C(1)(a) of the Prison Act 1952
  2. 2 Interpretation of mens rea for conveying prohibited articles into prison

Ratio Decidendi

A defendant is criminally liable under s40B(1)(a) and s40C(1)(a) of the Prison Act 1952 if he knowingly conveys a package containing prohibited articles into prison, regardless of whether he knows the specific nature of the contents.

Court Disposition

Appeal dismissed