Welcome to Waltham Forest. The cases of Miesegaies v. I.R.C. Fishy. They had told their staff not to sell tickets to anyone under 16 years. They had told their staff not to sell tickets to anyone under 16 years old and had also put up notices in the shop stating this. Newham Council - Newham Council. D. M. Shah and R. B. Meagher. Case C-213/89 R v Secretary of State for Transport, ex p Factortame [1990] Case C-224/01 Kobler [2003] . .". 5.1 Principal offenders. The act of selling the ticket to someone who was actually under 16 was enough to make the defendants guilty, even though they had done their best to prevent this happening in their shop.The Divisional Court justified this by stating that the legislation dealt with an issue of social concern. Even in the case of Alphacell, the factory owner was convicted for making a mistake he was not aware of; he was given the stamp of criminal liability when all he had committed was merely a regulatory violation, undermining the moral authority of the law. strict liability summary strict liability summary strict liability crime which has no mens re requirement in respect of at least one element of the actus reus They had told their staff not to tell tickets to anyone under 16 and had told their staff that they should ask for proof of age. The defendant was a licensee of a public house. . 1982. The following judgments were read. Earlier selected cases. When students go to a university or polytechnic to take a degree, many of them get a grant from a local education authority to help them with the . It will usually be apparent whether or not this is the case, but secondary legislation specifies certain situations where the nature of occupation is less clear cut. v Barnet LBC : R (on the application of Smith) v Portsmouth CC [2009] EWHC 3261 (Admin); Kaur and Shah v Ealing LBC [2008] EWHC 2062 (Admin); R (on the application of BAPIO Action Ltd) v Secretary of State . By article 8(1) of the European Convention on Human Rights "Everyone has the right to respect for . The alternative of this argument is that the imposition of strict liability cannot be In this case even the use of an expert (a vet) was insufficient top avoid liability. Download Download PDF. (1957) 37 T.C. I am the oldest. Criminal Prosecution, Planning Enforcement RD September 2012. Academic Assistance. strict liability summary strict liability summary strict liability crime which has no mens re requirement in respect of at least one element of the actus reus With regards to deterrence, one can say that it encouraged higher standards amongst businessness, as in Cundy V le Cocq where the D was convicted of selling alcohol to a drunken person, and it can also encourage shopkeepers to take more care, as in Harrow LBC V Shah, where a lottery ticket was sold to an under 16. 27th June 2014 (update) Hotak v Southwark LBC [2013] EWCA Civ 515. Sweet v Parsley (1970) HL This case is an important case on strict liability where the need for mens rea in most criminal cases was spelt out and where it was suitable for the presumption for mens rea to be dispensed with. Bromley LBC v GLC (1981) Symbolic criminalisation. . Another example of a strict liability offence is Harrow London Borough v Shah (1999). Harrow LBC v Shah and Shah (1999) 3 All ER 302 The defendants owned a newsagent's business where lottery tickets were sold. Pinner RFU v Harrow LBC (2018/2019) - acting for the claimant in this subrogated recovery action arising from tree-root .

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