Tesco Supermarkets Ltd v Nattrass

Facts

A store manager failed to check that goods were correctly priced, so goods were sold above the advertised price. Tesco relied on the defence that the offence was due to the act or default of another person and that it had taken reasonable precautions.

Issue

Was the store manager part of Tesco's directing mind?

Held

No. He was 'another person'. Tesco's board had set up a proper system, so the defence succeeded.

Principle

Only those who represent the directing mind of the company, usually the board and senior managers, are identified with it.

Why it matters

It limits criminal liability of large companies under the identification doctrine.

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