''Sweet v Parsley'' was an important English

criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

case concerning the reaffirming of presumption of mens rea in criminal law. The case defendant landlady of a farmhouse (which was let to students and which she visited infrequently) was charged under a 1965 Act "of having been concerned in the management of premises used for smoking cannabis". Even though she had neither knowledge of nor privity with the offence, it took place on her property and at first instance she was convicted, being deemed "liable without fault". This conviction was later quashed by the

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

on the grounds that knowledge of the use of the premises was essential to the offence. Since she had no such knowledge, she did not commit the offence as the presumption that mens rea was required was rebutted. Effectively the absence of express words imposing the requirement of proving mens rea is not conclusive that the offence is one of strict liability.

Requirement of ''mens rea''

Lord Reid declared: The case's significance in English criminal law is that it sets out new set guidelines for determining whether an offence is one of

strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Und ...

or whether ''mens rea'' is a presumed requirement. / Lord Reid laid down the following guidelines for all cases where the offence is criminal as opposed to quasi-criminal: #Wherever a section is silent as to ''

mens rea In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...

'' there is a presumption that, in order to give effect to the will of Parliament, words importing ''mens rea'' must be read into the provision. #It is a universal principle that if a penal provision is reasonably capable of two interpretations, that interpretation which is most favourable to the accused must be adopted. #The fact that other sections of the Act expressly require ''mens rea'' is not in itself sufficient to justify a decision that a section which is silent as to ''mens rea'' creates an absolute offence. It is necessary to go outside the Act and examine all relevant circumstances in order to establish that this must have been the intention of Parliament.see

Statutory interpretation Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meani ...

References

{{Cannabis in the United Kingdom English criminal case law 1969 in United Kingdom case law House of Lords cases Cannabis law Drug control case law Cannabis in the United Kingdom 1969 in cannabis

Requirement of ''mens rea''

See also

References