R v Stephens

Not to be confused with R v Dudley and Stephens.

R v Stephens
Court	Queen's Bench Division
Decided	14 June 1866
Citation	LR 1 QB 702, QBD
Court membership
Judges sitting	Mr Justice Mellor; Mr Justice Blackburn
Keywords
Master and servant (employer and employee) Master liable on indictment for act of servant Knowledge of employee imputed to employer

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.

Facts

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.

Judgment

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.

Considered in

• R v Rimmington [2005] UKHL 63; [2006] 1 AC 459; [2005] 3 WLR 982; [2006] 2 All ER 257; [2006] 1 Cr App R 257, HL(E)
• R v Shorrock [1994] QB 279