Attorney-General's Reference (No 1 of 1975) [1975] QB 773

Facts

  • The defendant deliberately placed alcohol in another person's drink, knowing the person would later drive.
  • The unsuspecting individual was subsequently convicted of driving under the influence of alcohol.
  • The primary issue was whether the defendant could be held liable for procuring the commission of the drunk driving offence.
  • The case was considered by the House of Lords to clarify the requirements of procurement in criminal liability.

Issues

  1. Whether procurement in criminal law necessitates a deliberate act with the intent to cause the commission of an offence.
  2. Whether merely enabling or creating the opportunity for a crime amounts to procurement, or if a direct causal link is required.
  3. How procurement is to be distinguished from other forms of secondary liability, such as aiding, abetting, or advising.

Decision

  • The House of Lords held that procurement requires a deliberate act intended to cause another person to commit the offence.
  • Merely creating an opportunity or enabling the commission of an offence does not suffice; specific intent is essential.
  • The defendant’s conduct must directly contribute to the offence but need not be the sole cause.
  • Procurement is distinct from aiding, abetting, or advising, as it requires both specific intent and direct causation.

Legal Principles

  • Procurement in criminal law involves the intentional causation of another’s offence.
  • Liability for procurement requires both intent and a direct causal connection between the defendant’s conduct and the offence.
  • Merely assisting or enabling falls short of procurement; intent and direct causation are mandatory.
  • Procurement is differentiated from aiding and abetting, which may not require intent to cause the principal offence.

Conclusion

The House of Lords determined that liability for procurement requires both a direct intent to cause the main offence and a direct causal link between the defendant’s actions and the commission of that offence, distinguishing procurement from other forms of secondary liability.

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