Convicted for selling peas some of which had caterpillars in. The Criminal Courts and Lay People - Key Cases. In allowing the defendants appeal, Lord Evershed expressed the view that the imposition of strict liability could only really be justified where it would actually succeed in placing the onus to comply with the law on the defendant. 1997, 113(Jan), 95-119, 95. Wright J stated: It is plain that if guilty knowledge is not necessary, no care on the part of the publican could save him from a conviction under section 16, subsection (2), since it would be as easy for the constable to deny that he was on duty when asked, or to produce a forged permission from his superior officer, as to remove his armlet before entering the public house. On 25th February, 1972, Mrs. Voss, a Dorset housewife, entered a supermarket belonging to Tesco Limited and bought a tin of Smedleys' peas. Lord Salmon stated: If this appeal succeeded and it were held to be the law that no conviction be obtained under the 1951 Act unless the prosecution could discharge the often impossible onus of proving that the pollution was caused intentionally or negligently, a great deal of pollution would go unpunished and undeterred to the relief of many riparian factory owners. You also get a useful overview of how the case was received. He then took her back to where he met her and she returned home to her father. I believe a housewife who orders peas is entitled to complain if, instead of peas, she gets a mixture of peas and caterpillars, and that she is not bound to treat the caterpillar as a kind of uncovenanted blessing. The offence is established upon proof of the actus reus alone. Smedleys Ltd v Breed United Kingdom House of Lords 21 March 1974 . technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. of this is found in Smedleys v Breed (1974). Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Thus it was that Smedleys Limited, the present appellants, and not Tesco Limited, found themselves defendants to a summons which alleged that the sale by Tesco Limited was of peas which were not of the substance demanded by Mrs. Voss since they included the caterpillar and that this was due to the act or default of Smedleys Limited. Subscribers are able to see a list of all the documents that have cited the case. 759. The actus reus (Latin for 'guilty act') is made up of all the parts of a crime except the defendant's mental state. mens rea. From local authority to the Dorchester Magistrates, from the Dorchester Magistrates to a Divisional court presided over by the Lord Chief Justice of England, from the Lord Chief Justice to the House of Lords, the immolated insect has at length plodded its methodical way to the highest tribunal in the land. The defendant ran off with an under-age girl. Cite case law. Held: Despite having shown that they had taken all reasonable care, the defendant was guilty of selling food not to the standard required. (2) That, in determining whether food containing extraneous matter was of the substance demanded, the question, which was one of fact for the justices, was whether an ordinary reasonable purchaser would be so affronted by the presence of the extraneous matter as to regard the whole article as unfit and, therefore, not of the substance demanded (post, p. 985C-D). 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. "In proceedings under section two of this Act in respect of any food containing some extraneous matter, it shall be a defence for the defendant to prove that the presence of that matter was an unavoidable consequence of the process of collection or preparation.". Thus it was that Smedleys Limited, the present appellants, and not Tesco Limited, found themselves defendants to a summons which alleged that the sale by Tesco Limited was of peas which were not of the substance demanded by Mrs. Voss since they included the caterpillar and that this was due to the act or default of Smedleys Limited. On appeal against conviction on the grounds that it had not been established that the food was not of the substance demanded and that on a liberal reading of section 3 (3) and having regard to modern production methods the occasional presence of a caterpillar in a tin of peas was inevitable:-. Provides basic safety to public - Smedleys v Breed 1974 (catterpillar in peas; goes against statute) Easier convictions with no mens rea - speeding tickets created during industrial revolution to convict factory owners straightforward and clear regulations - Alphacell v Woodward 1972 (clearing floor after factory spillage) From local authority to the Dorchester magistrates, from the Dorchester magistrates to a Divisional Court presided over by the Lord Chief Justice of England, from the Lord Chief Justice to the . 22Lord Reid in Sweet v Parsley [1970] AC 132. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Looking for a flexible role? Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Take a look at some weird laws from around the world! Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. A 2, c. 16), ss. 1Haughton v. Smith [1975] A.C. 467 at 491-492; Turner, Kennys Outlines of Criminal Law, 16th ed., (Cambridge: Cambridge University Press, 1952) 12-13. It reads (so far as material) as follows: "A person against whom proceedings are brought under this Act shall, upon information duly laid by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have any person to whose act or default he alleges that the contravention of the provisions in question was due brought before the court in the proceedings; and if, after the contravention has been proved, the original defendant proves that the contravention was due to the act or default of that other person, that other person may be convicted of the offence, and, if the original defendant further proves that he has used all due diligence to secure that the provisions in question were complied with, he shall be acquitted of the offence.". One of these circumventions is found in the doctrine of transferred malice. W. B. Simpsons review of J. Stuart Andersons Lawyers and the Making of English Land Law 1832-1940 (1993) 56 M.L.R., 608-609. 17Ormerod, D. C., Smith, J. C. & Hogan, B., Smith and Hogans criminal law (w York, NY: Oxford University Press, 2011) 158. You should not treat any information in this essay as being authoritative. On opening the tin on February 29, 1972, she found a caterpillar in the tin among the peas. 1) an unavoidable consequence of a process is something that is bound to result therefrom; something inevitable.2) P should consider whether prosecution serves a useful purpose before proceeding.- sentencing - absolute discharge.3) a tin of peas containing a caterpillar was not of the substance demanded.4) in a self-service shop, the food demanded by the purchaser is that represented by the seller whether by description under which it is displayed or on the packaging or by what it appears to be on visual inspection. The court has the power to sentence an offender to a maximum of 6 months imprisonment (for one offence) and/or up to 5000 fine. The House of Lords nevertheless held that the defendants were liable. . The caterpillar was of a size, colour, density and weight similar to that of the peas in the tin. The canning process involved the contents of the tins being pressure-cooked for 22 minutes at 250 degrees Fahrenheit. 220; [1973] 3 All E.R. She appealed alleging that she had no knowledge of the circumstances and indeed could not expect reasonably to have had such knowledge. The defendant knew that the girl was in the custody of her father but he believed on reasonable grounds that the girl was aged 18. It now falls to me to deliver my opinion upon its case. The most significant argument in this regard is that strict liability offences violate the principle of coincidence, which is a traditional notion in the area of criminal responsibility. Evidently, the same principle may apply the opposite way around as such that the could be circumstances when one feels that morally a more stigmatising label would be more appropriate to address the same form of harm, in cases in which there is a more serious manifestation of the wrong committed.13 Despite these principles having developed significantly in the English legal principles of culpability, especially the proportionality and the malice principles, it appears that none of the three principles are specifically discussed in the legal textbooks.14 The reason for these general principles being neglected throughout the historic development of criminal law in England and Wales is seen in the idea that the legal evolution follows a movement which is directed towards a so-called ideal subjectivism in relation to criminal liability. 848E-F, 854D,859D, 860E-F, 861H). A caterpillar was found in it. R V Bosher 1973 Though the defendant admitted that he knew he was using the equipment, he claimed that he believed he was making demonstration tapes and did not know he was transmitting. She was not, however, to know this, and with commendable civic zeal, she felt it her duty to report the matter to the local authority, and in consequence, grinding slow, but exceeding small, the machinery of the law was set in inexorable motion. Basic elements of crime. The defendant met a girl under sixteen years of age in a street, and induced her to go with him to a place at some distance, where he seduced her, and detained her for some hours. Before making any decision, you must read the full case report and take professional advice as appropriate. The defendant ran off with an under-age girl. Upon Report from the Appellate Committee, to whom was referred the Cause Smedleys Limited against Breed (on Appeal from a Divisional Court of the Queen's Bench Division), that the Committee had heard Counsel, as well on Tuesday the 22d, as on Wednesday the 23d, days of January last, upon the Petition and Appeal of Smedleys Limited of Ross House, Grimsby, in the County of Lincoln, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of a Divisional Court of the Queen's Bench Division of Her Majesty's High Court of Justice of the 23d of May 1973, might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Order might be reversed, varied or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; and Counsel having been heard on behalf of William Roger Breed, the Respondent to the said Appeal; and due consideration had this day of what was offered on either side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of a Divisional Court of the Queen's Bench Division of Her Majesty's High Court of Justice of the 23d day of May 1973, complained of in the said Appeal, be, and the same is hereby, Affirmed, and that the said Petition and Appeal be, and the same is hereby, dismissed this House: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondent the Costs incurred by him in respect of the said Appeal, the amount thereof to be certified by the Clerk of the Parliaments.
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