Pharmaceutical Society of Great Britain v Storkwain Ltd
1986 · 1 WLR 903
Posted By lanbuk.com
- Facts
- The supplied -only drugs against prescriptions that had been forged. He believed, honestly and on reasonable grounds, that the prescriptions were valid. He was charged under the Medicines Act 1968.
- Issue
- Does the offence require knowledge that the prescription is false?
- Held
- The offence was one of . Other sections of the Act used words of . This one did not. The court treated pharmacists as people in a position to put drugs on the market.
- Principle
- The contrast between sections, and the purpose of the Act, can show that Parliament intended strict liability.
- Why it matters
- An honest and reasonable belief was not a defence, because this was not an offence requiring mens rea.
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.