Comptroller of Customs v Basma
1920s-30s · ALR (S.L.) 428 (1920-36)
Posted By lanbuk.com
- Facts
- A bale of goods was found stamped in breach of an ordinance regulating folded woven goods. The magistrate because no guilty knowledge was shown.
- Issue
- Was required for the statutory offence?
- Held
- No. Looking at the object of the ordinance and the absence of words such as 'knowingly', the offence was absolute. The acquittal was reversed.
- Principle
- Whether a statutory offence is strict depends on the statute's object and wording.
- Why it matters
- A classic local illustration of in regulatory offences.
Words and Latin in this note
- Strict liability
- An offence in which the prosecution need not prove a guilty mind as to one or more elements. The act must still be proved, and it must still be voluntary. The presumption is that mens rea is required, unless the statute or its subject matter displaces it. Open the note.
- Mens rea
- The mental element in the definition of a crime. It is not one standard. Intention is the highest form. Recklessness is below it. Gross negligence sits at the bottom. The definition of the particular crime decides which is required. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.