(R v. Princes (1875) LR 2 CCR 154)

(R v. Princes (1875) LR 2 CCR 154)

Henry Prince was charged with the abduction of Annie Phillips, a 14-year-old girl, whom he believed to be of legal age at 18. At the time, Section 55 of the relevant statute prohibited the removal of an unmarried girl under 16 without lawful authority. Prince contended that he lacked the requisite mens rea, as he genuinely believed Phillips to be above the statutory age limit.

The court determined that strict liability applied to certain aspects of the offense, particularly the actual age of the girl. This decision was based on the paramount societal interest in safeguarding young girls, and imposing a requirement of specific knowledge on the defendant was deemed likely to create loopholes. However, mens rea remained indispensable for the core criminal act, such as the intentional removal of an individual without their consent.

Despite Prince's mistaken belief regarding Phillips' age, he was convicted. This outcome sparked considerable discourse regarding the parameters of criminal liability and the equilibrium between strict liability and individual culpability.