''Sweet v Parsley'' was an

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

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

case where the 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, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...

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.

Requirement of ''mens rea''

Lord Reid declared:

. . . there has for centuries been a presumption that Parliament did not intend to make criminals of persons who were in no way blameworthy in what they did. That means that whenever a section is silent as to ''
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 ...
'' there is a presumption that, in order to give effect to the will of Parliament, we must read in words appropriate to require ''mens rea''. . . . it is firmly established by a host of authorities that ''mens rea'' is an essential ingredient of every offence unless some reason can be found for holding that that is not necessary.

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. ...

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 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 ...

'' 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

Requirement of ''mens rea''

References

See also