R v Smith and Kitchen (Criminal Review Case 54 of 1940) [1940] ZMHCNR 4 (31 December 1940)
A non-corporate body has no legal entity and cannot be fined or prosecuted; only individuals involved can be charged. The magistrate was not competent to accept a plea of guilty from the firm.
Source-derived case information.
- Citation
- [1940] ZMHCNR 4
- Parties
- Accused: Smith and Kitchen; Manager/accused: Mr. Burton
- Court
- High Court of Northern Rhodesia
- Jurisdiction
- Zambia
- Case Number
- Criminal Review Case 54 of 1940
- Procedural Posture
- Criminal Review / Appeal/review
- Outcome
- conviction quashed
- Legal Topics
- Criminal Liability of Non Corporate Bodies, Prosecution of Individuals Vs Firms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Smith and Kitchen
Accused
Mr. Burton
Manager/accused
Procedural Posture
Criminal Review / Appeal/review
Legal Issues
- 1 Whether a non-corporate body can be charged with a criminal offence
- 2 Whether the plea of guilty by a manager on behalf of a non-corporate firm is competent
Ratio Decidendi
A non-corporate body has no legal entity and cannot be fined or prosecuted; only individuals involved can be charged. The magistrate was not competent to accept a plea of guilty from the firm.
Court Disposition
conviction quashed
Orders
- fine to be refunded
- no order for retrial
Full Case Text
Judgment text and source record
1 paragraphs
86 Vol. II] R . v. S M IT H AND K IT C H E N . Crim in al R eview Case N o. 64 of 1940. N on-corporate body cannot be charged—individual concerned must be charged and not the firm. A non-corporate body cannot be charged w ith an offence but the individual member o f the firm can be so charged. As to the criminal liability o f Corporations see Archbold, Criminal Pleading Evidence and Practice, 34th Edition, para. 23. Law , C . J.: Mr. Burton, Manager o f Messrs. Smith and Kitchen, pleaded guilty (by letter) to the charge. That firm is n ot proved to be a Corporate Body, consequently it has no legal entity and cannot be fined. In such cases, the individuals themselves should be prosecuted according In this particular case it would appear that Mr. Burton to the facts. took the responsibility for the offence. In the circumstances, therefore, it was not competent for the Magistrate to accept a plea o f guilty. Accordingly, the conviction is quashed and the fine should be refunded. No order will be made for the retrial o f the case against any particular individual or individuals. The authorities concerned, however, are free to institute fresh proceedings, should they so desire.