Sweet v Parsley

There is a strong presumption that Parliament intends mens rea to be required for criminal offences, especially truly criminal offences.

Citation
[1970] AC 132
Court
House of Lords
Year
1970
Subject
Criminal Law
Topic
Strict liability

Facts

Miss Sweet, a teacher, rented a farmhouse near Oxford and let rooms to students. She did not live there, but visited occasionally to collect rent. Police found cannabis in the farmhouse, which the students had been smoking without her knowledge. She was convicted of being concerned in the management of premises used for the purpose of smoking cannabis, under section 5 of the Dangerous Drugs Act 1965.

Legal principle

The House of Lords quashed her conviction. Lord Reid said that there is a presumption that, in a statute creating a criminal offence, Parliament did not intend to make criminals of persons who were in no way blameworthy in what they did, and that the courts should read in words requiring mens rea unless it is clear that Parliament intended otherwise. The offence was a truly criminal one, carrying serious stigma, rather than a regulatory offence, so the presumption applied. The words for the purpose of required that the premises were used for that purpose with the knowledge of the person concerned in their management.

Related cases on strict liability

Studying criminal law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions