R v Stephens
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| R v Stephens | |
|---|---|
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| Court | Queen's Bench Division |
| Decided | 14 June 1866[1] |
| CitationTemplate:Pluralize from text | LR 1 QB 702, QBD |
| Court membership | |
| JudgeTemplate:Pluralize from text sitting | Mr Justice Mellor; Mr Justice Blackburn |
| Keywords | |
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R v Stephens (1866) is an English criminal law, public nuisance in land law and vicarious liability case decided by the Queen's Bench that applied a strict liability standard (that is no requirement of mens rea) to the violation of the criminal statute prohibiting dumping of refuse into a river.
Facts
The defendant owned a quarry where refuse was dumped (by servants, employees, agents, land licensees or subcontractors) into a nearby river. The owner claimed he had no knowledge of the dumping and so should not be liable.
Judgment
The court held the quarry owner as "master" would be liable for acts of his servant, regardless of knowledge. He was convicted and faced the usual financial penalty. The offence was upheld as being one where no knowledge of the dumping was required.[2]
References
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- ^ a b Index Card - case preview Incorporated Council of Law Reporting
- ^ Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York, NY: 2004, p. 252
Considered in
- R v Rimmington [2005] UKHL 63; [2006] 1 AC 459; [2005] 3 WLR 982; [2006] 2 All ER 257; [2006] 1 Cr App R 257, HL(E)
- R v Shorrock [1994] QB 279
