''Rex v. Prince'', L.R. 2 C.C.R. 154 (1875), was an
English
English usually refers to:
* English language
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Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
case that held the ''
mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
'' necessary for
criminal liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencie ...
should be required for the elements central to the wrongfulness of the act, and that
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.
...
should apply to the other elements of the
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
, such as the believed age of an abductee being irrelevant.
[Bonnie, R.J. et al. ''Criminal Law, Second Edition.'' Foundation Press, New York, NY: 2004, p. 192]
Facts and defence argument
Henry Prince was accused of abducting a 14-year-old girl, Annie Phillips, having believed her to be 18 years old. Such an act was at that time in violation of Article or Section 55 of the relevant statute law, regarding minors. Prince argued that he had made a reasonable mistake in regards to Phillips' age. Despite his excuse for the crime, he was ultimately convicted.
Reserved appellate judgment
The court certified the defence point as one of wider legal merit and the
Court for Crown Cases Reserved
The Court for Crown Cases Reserved was an England and Wales, English appellate court for criminal law, criminal cases established in 1848 to hear references from the trial judge. It did not allow a retrial, only judgment on a point of law. Neith ...
confirmed the conviction as valid, per the ''ratio decidendi'' stated at the introduction of this article.
See also
* ''
Kienapple v R''
References
1875 in case law
P
1875 in England
Forensic psychology
1875 in British law
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