[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
England and Wales Court of Appeal (Criminal Division) Decisions |
||
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Johnson, R v [2017] EWCA Crim 189 (10 March 2017) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2017/189.html Cite as: [2017] WLR(D) 170, [2017] EWCA Crim 189, [2018] 1 WLR 19, [2018] WLR 19, [2017] Crim LR 483, [2017] 2 Cr App R 6 |
[New search] [Context] [View without highlighting] [Printable RTF version] [Buy ICLR report: [2018] 1 WLR 19] [View ICLR summary: [2017] WLR(D) 170] [Help]
ON APPEAL FROM PETERBOROUGH CROWN COURT
His Honour Judge Enright
T20157188
Strand, London, WC2A 2LL |
||
B e f o r e :
MR JUSTICE MORRIS
and
RECORDER OF WESTMINSTER - HIS HONOUR JUDGE MCCREATH (SITTING AS A JUDGE OF THE COURT OF APPEAL CRIMINAL DIVISION
____________________
R |
Appellant |
|
- and - |
||
WAYNE JOHNSON |
Respondent |
____________________
James Earle for the Respondent
Hearing date: 30th November 2017
____________________
Crown Copyright ©
Lady Justice Rafferty:
i) Two packets holding 184 oxymethalone pills, a class C drug;ii) Three SIM cards and
iii) Three packets of "spice" a synthetic cannabis "legal high".
The legal framework
"40A. Sections 40B and 40C: classification of articles
(1) This section defines the categories of articles which are referred to in sections 40B and 40C.
(2) A List A article is any article or substance in the following list ('List A')–
(a) a controlled drug (as defined for the purposes of the Misuse of Drugs Act 1971);
(3) A List B article is any article or substance in the following list ('List B')–
(a) alcohol (as defined for the purposes of the Licensing Act 2003;
(b) a mobile telephone;
(c) a camera;
(d) a sound-recording device.
….........
(6) A List C article is any article or substance prescribed for the purposes of this subsection by prison rules.
…
40B. Conveyance etc. of List A articles into or out of prison
(1) A person who, without authorisation–
(a) brings, throws or otherwise conveys a List A article into or out of a prison … is guilty of an offence …
40C. Conveyance etc. of List B or C articles into or out of prison
…
(1) A person who, without authorisation–
(a) brings, throws or otherwise conveys a List B article into or out of a prison,
…
is guilty of an offence …"
"In our judgment all these subsections require the same presumptive mens rea element (which at present can be glossed as "knowingly")…What the prosecution has to prove is the absence of a genuine belief …...that the offence was not being committed. In the case of S40(C)(1)(a) the defence would be "I honestly believed that I was not bringing it in" and the prosecution would have to prove the absence of an honest belief on the part of a defendant that he was not bringing the article in question with him when he entered the prison"
The Judge's ruling on mens rea
"In the case of section 40C(1) (a) the defence would be, 'I honestly believed that I was not bringing it in', and the prosecution would have to prove the absence of an honest belief on the part of a defendant that he was not bringing the article in question with him when he entered the prison."
Discussion and conclusion