R V Stephens
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''R v Stephens'' (1866) is an
English criminal law English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in ...
,
public nuisance In English criminal law, public nuisance was a common law offence in which the injury, loss, or damage is suffered by the public, in general, rather than an individual, in particular. In Australia In ''Kent v Johnson'' the Supreme Court of the ...
in
land law Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use a ...
and
vicarious liability Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, ''respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the res ...
case decided by the
Queen's Bench The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court court of common ...
that applied a
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. ...
standard (that is no requirement of
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 ...
) to the violation of the
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
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 ...
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.Bonnie, R.J. et al. ''Criminal Law, Second Edition.'' Foundation Press, New York, NY: 2004, p. 252


References

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Considered in

*''R v Rimmington''
005 ''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of a ...
UKHL 63; 0061 AC 459;
005 ''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of a ...
3 WLR 982; 0062 All ER 257; 0061 Cr App R 257, HL(E) *''R v Shorrock''
994 Year 994 ( CMXCIV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * September 15 – Battle of the Orontes: Fatimid forces, under Turkish genera ...
QB 279 S S 1866 in England Environmental case law Waste law 1866 in British law Court of King's Bench (England) cases