R v Stephens should not be confused with R v Dudley and Stephens.
R v Stephens | |
Court: | Queen's Bench Division |
Date Decided: | 14 June 1866[1] |
Full Name: | The Queen or The Crown against (most formally Regina versus) Stephens |
Citations: | LR 1 QB 702, QBD |
Judges: | Mr Justice Mellor; Mr Justice Blackburn |
R v Stephens (1866) is an English criminal law, public nuisance in land law and vicarious liability case decided by the Queen's Bench that applied a strict liability standard (that is no requirement of mens rea) to the violation of the criminal statute prohibiting dumping of refuse into a river.
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.
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.[2]