Sherras v De Rutzen
| Jurisdiction | England & Wales |
| Court | Divisional Court |
| Year | 1895 |
| Date | 1895 |
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123 cases
- Lim Chin Aik v R
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Public Prosecutor v Phua Keng Tong and Another
...or by necessary implication by the language of the statute or by the subject matter with which the statute deals. In Sherras v De Rutzen [1895] 1 QB 918 Wright J said: There is a presumption that mens rea, an evil intention, or a knowledge of the wrongfulness of the act, is an essential ing......
- R; Seah Eng Joo
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R. v. Wholesale Travel Group Inc. and Chedore, (1991) 130 N.R. 1 (SCC)
...81, refd to. [para. 9]. R. v. Vaillancourt, [1987] 2 S.C.R. 636; 81 N.R. 115; 10 Q.A.C. 161, refd to. [para. 10]. Sherras v. De Rutzen, [1895] 1 Q.B. 918, refd to. [para. R. v. Pierce Fisheries Ltd., [1971] S.C.R. 5, refd to. [para. 19]. R. v. Sault Ste. Marie (City), [1978] 2 S.C.R. 1299; ......
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12 books & journal articles
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Regulatory Offences and Reverse Burdens: The ‘Licensing Approach’
...has the effect ofdistorting the law. For example, the Divisional Court’s analysis of the offence inSheldrake considered above. 44 [1895] 1 QB 918 at 922.45 A distinction repeated in later cases when strict liability and the presumption mens rea was considered, notably Sweet v Parsley [1970]......
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Strict Criminal Liability: A Violation of the Convention?
...vStorkwain Ltd [1986] 2 All ER 635, HL.17 R v Howells [1977] 3 All ER 417.18 Cundy v Le Cocq (1884) 13 QBD 207.19 Sherras vDe Rutzen [1895] 1 QB 918.20 R v Blake [1997] 1 All ER 963, CA.21 International Transport Roth GmbH and Others v Secretary of State for the HomeDepartment [2003] QB 728......
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Rape in Victoria as a Crime of Absolute Liability: A Departure from Both Precedent and Progressivism
...Court in He Kaw Teh v R(1985) 157CLR 523; see also Cameron v Holt (1980) 142 CLR 342 and the leading English caseof Sherras vde Rutzen (1895) 1 QB 918, 921 (Wright J).Rape in Victoria as a Crime of Absolute summary offences that, in the event of a conviction, impute only themost minor penal......
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Divisional Court
...a fault require-ment in a silent provision, even where an adjacent provision makesexpress provision for fault (see Sherras vDe Rutzen [1895] 1 QB 918), inthis context, courts are required to consider liability for s. 444(1) as analternative to s. 444(1A): they simply cannot have the same fa......
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