## Facts

- Henry Prince took Annie Phillips, an unmarried girl, from the possession of her father without the father’s consent.
- Phillips went with Prince willingly.
- Phillips appeared older than her age and told Prince she was 18.
- The jury found Prince honestly and reasonably believed Phillips was at least 16.
- Phillips was in fact 14, within the statute’s protected class.

## Issues

1. Whether an honest and reasonable mistake of fact as to the girl’s age is a defense when the statute is silent on mens rea for the age element.
2. Whether the statutory term “unlawfully” requires proof that the defendant knew (or was blameworthy in not knowing) the girl was under 16.

## Decision

- The Court for Crown Cases Reserved affirmed the conviction.
- The majority held that an honest and reasonable belief that the girl was 16 or older is no defense.
- The court treated the girl’s being under 16 as an element not requiring proof of knowledge or fault.
- Brett J. dissented, concluding that a reasonable mistake as to a material fact negates criminal liability and that “unlawfully” should require fault as to age.

## Legal Principles

- A statute may impose criminal liability for specified conduct even if it is silent on mens rea for a particular element, depending on construction and purpose.
- For the offense of taking an unmarried girl under 16 from the custody of a parent/guardian, the age element may be construed as strict liability; reasonable mistake of age does not excuse.
- The term “unlawfully” in such a statute can be satisfied by intentional commission of the prohibited taking without consent, without requiring proof of knowledge of the girl’s true age.
- Where the defendant intentionally commits conduct considered wrongful independent of the aggravating circumstance, a mistake about that aggravating circumstance may not prevent liability for the aggravated statutory offense (often described as a “moral wrong” rationale).

## Conclusion

The court sustained Prince’s conviction by construing the statute to impose strict liability as to the girl’s age, rejecting a reasonable mistake-of-age defense and limiting mens rea to the intentional taking from lawful custody without consent, over a dissent insisting that fault must extend to material elements that make the conduct criminal.


Regina v. Prince, L.R. 2 C.C.R. 154 (Ct. Crown Cas. Res. 1875)