The defendant pharmacist had filled a prescription, but unknown to him the prescription was forged.
Held: The offence of sale of medicine contrary to the Act was one of strict liability, and was made out.
Lord Goff of Chieveley (with whom the other members of the House of Lords agreed) was prepared to ‘draw support from’ an order made twelve years after the statute he was construing
Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Templeman, Lord Ackner, Lord Goff of Chieveley
[1986] 2 All ER 635, (1986) 150 JP 385, [1986] 1 WLR 903, 150 JP 385, [1986] Crim LR 813, [1986] UKHL 13, (1986) 83 Cr App R 359
Bailii
Medicines Act 1968 58(2)(a), Medicines (Prescription only) Order 1980
England and Wales
Citing:
Cited – Regina v Tolson CCR 11-May-1889
Honest and Reasonable mistake – No Bigamy
The defendant appealed against her conviction for bigamy, saying that she had acted in a mistaken belief.
Held: A man commits bigamy if he goes through a marriage ceremony while his wife is alive, even though he honestly and reasonably . .
Cited – Sweet v Parsley HL 23-Jan-1969
Mens Rea essential element of statutory Offence
The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the . .
Appeal from – Pharmaceutical Society of Great Britain v Storkwain 1985
Farquharson J said: ‘It is perfectly obvious that pharmacists are in a position to put illicit drugs and perhaps other medicines on the market. Happily this rarely happens but it does from time to time. It can therefore be readily understood that . .
Lists of cited by and citing cases may be incomplete.
Crime, Health Professions
Leading Case
Updated: 01 November 2021; Ref: scu.223563