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 found that he was nonetheless ‘in default’ for the purpose of section 308, so that his claim for compensation failed.
Kennedy LJ said that, ‘I think there is a clear balance of authority that in construing a modern statute this presumption as to mens rea does not exist’.
Kennedy LJ
[1910] 2 KB 471, 26 TLR 557, 102 LT 841, 74 JP 413, [1910] UKLawRpKQB 108
Commonlii
Public Health Act 1875
England and Wales
Citing:
Cited – 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 . .
Cited by:
Cited – Manolete Partners Plc v Hastings Borough Council TCC 12-Apr-2013
Application for compensation under s.106 of the Building Act 1984 for compensation as a result of the Council exercising its powers to prevent access to Hastings Pier under s.78 of the 1984 Act.
Held: The court rejected the defence, holding . .
Cited – Manolete Partners Plc v Hastings Borough Council CA 7-May-2014
The claimants appealed from rejection of their claim to compensation under the 1984 Act as tenants of a pier closed by the Authority. The Authority said that it had failed to comply with its leasehold obligations of repair, and was in default under . .
Cited – Hastings Borough Council v Manolete Partners Plc SC 27-Jul-2016
The council appealed against the decision that it is liable to pay compensation under section 106 of the Building Act 1984, for loss to a business on Hastings Pier arising from its closure during 2006 under the council’s emergency powers. The . .
Lists of cited by and citing cases may be incomplete.
Consumer, Crime
Updated: 17 January 2022; Ref: scu.628554
