The offence of establishing a radio station without a licence is an absolute offence; no knowledge or mens rea was needed. The presumption that mens rea was required could be rebutted where the offence concerned an issue of public safety.
Citations:
Times 14-Aug-1996, [1996] EWCA Crim 729, [1997] 1 Cr App R 209, [1997] 1 WLR 1167
Links:
Statutes:
Wireless Telegraphy Act 1949 1(1)
Jurisdiction:
England and Wales
Citing:
Cited – Gammon v The Attorney-General of Hong Kong PC 1984
(Hong kong) The court considered the need at common law to show mens rea. A Hong Kong Building Ordinance created offences of strict liability in pursuit of public safety which strict liability was calculated to promote.
Held: Lord Scarman . .
Cited – Rudd v Secretary of State for Trade and Industry 1985
The court considered the word ‘used’ in the context of a TV Licensing prosecution.
Held: The word ‘use’ is to be interpreted in its natural and ordinary meaning. . .
Lists of cited by and citing cases may be incomplete.
Crime, Licensing
Updated: 31 May 2022; Ref: scu.148393
