SQE Daily.

Presumption of mens rea where a statutory offence is silent (B v DPP)

The (fictional) Cash Couriers Act 2025 provides in section 2: 'A person who recruits a person under the age of 18 to carry cash for reward commits an offence', punishable by up to 10 years' imprisonment. The Act says nothing about the defendant's state of mind and contains no other relevant provision. Rhys Morgan is charged with recruiting Danny, aged 17. Rhys says he honestly believed that Danny was 19, although the prosecution argues that his belief was unreasonable because Danny looked young and was in school uniform.

Which of the following best describes the mental element the court is likely to require as to Danny's age?

Choose one answer to see the reasoning.

  1. Legal System of England and Wales · FLK1No. 33

    Using Hansard to interpret a statute: the conditions in Pepper v Hart [1993] AC 593

    Which of the following best describes the extent to which the court may consider this Parliamentary material?

  2. Legal System of England and Wales · FLK1No. L232

    Using explanatory notes and Law Commission reports as aids to interpretation (R (O) v SSHD)

    Which of the following best describes the use the court may make of these documents?

  3. Legal System of England and Wales · FLK1No. L233

    Purposive interpretation and developments Parliament did not foresee (Quintavalle)

    Which of the following best describes how the court is likely to approach the interpretation of section 1?