Cundy v Le Cocq: QBD 26 May 1884

Reuirement fo Mens Rea is not Universal

The Licensing Act, 1872, s. 13, makes it an offence for any licensed person to sell any intoxicating liquor to any drunken person. A publican sold intoxicating liquor to a drunken person who had given no indication of intoxication, and without being aware that the person so served was drunk.
Held: that the prohibition was absolute, and that knowledge of the condition of the person served with liquor was not necessary to constitute the offence.

[1884] UKLawRpKQB 101, (1883-1884) 13 QBD 207
Licensing Act 1872 13
England and Wales
Cited by:
CitedHobbs v Winchester Corporation CA 18-Jun-1910
Meat had been seized under section 116 of the 1875 Act as unfit for human consumption. Although the butcher was acquitted of any offence under section 117 of that Act, on the grounds that he was unaware that it was unfit for consumption, it was . .

Lists of cited by and citing cases may be incomplete.


Leading Case

Updated: 02 November 2021; Ref: scu.655023