R v Prince (1875): A Classic Case of Strict Liability

R v Prince (1875): 

Facts of the Case

In 1875, a man named Henry Prince found himself at the centre of a legal storm. He was charged under section 55 of the Offences Against the Person Act, 1861, which made it an offence to unlawfully take an unmarried girl under the age of sixteen out of the possession of her father or guardian.

Prince met a girl who told him she was eighteen years old. She looked mature enough, and Prince genuinely believed she was telling the truth. Relying on her word, he took her away without her father’s consent. However, in reality, she was only 14 years old.

The girl's father filed a complaint, and Prince was prosecuted.

Legal Issue

The legal question before the court was:

“Can someone be held criminally liable for taking a girl under 16 even if he honestly and reasonably believed she was over the legal age?”

In other words, does a mistake of fact, especially an honest one, serve as a valid defense when the statute doesn’t specify whether "knowledge" of the girl's age is required?

Judgment

The court — specifically the Court for Crown Cases Reserved — convicted Prince, holding that he was guilty of the offence.

Even though Prince truly believed that the girl was above the age of 16, the majority of the judges ruled that:

The offence was one of "strict liability" in regard to the girl's age.

This meant that his intention or belief didn’t matter — the mere act of taking a girl under 16 was enough to make him guilty under the law, regardless of whether he knew her real age.

Court's Reasoning

The majority judges reasoned that the law was enacted to protect young girls from being taken away, even by well-meaning individuals. Allowing someone to escape liability just because they believed (rightly or wrongly) that the girl was of age would undermine the protective purpose of the law.

Lord Justice Bramwell, in his dissenting opinion, strongly disagreed. He argued that criminal liability should require a guilty mind (mens rea) — especially if someone genuinely made a mistake. But the majority felt that public policy and protection of minors required a stricter approach.

Why This Case Still Matters

R v Prince is a landmark decision in English law because it laid down the foundation of strict liability offences, especially in cases involving public welfare, protection of vulnerable groups, and statutory offences.

The ruling remains controversial. Some critics argue that punishing someone who acted in good faith is morally unjust, while others say it's a necessary measure to prevent exploitation.

Even a reasonable mistake of fact cannot always save someone from criminal liability — especially when strict liability laws are involved. R v Prince reminds us that in certain types of cases, the law prioritizes protection over intent.