Attorney General’s Ref (No.1) [1975] QB 773

Key point

  • Under the offence of procuring, there need not be shared intention between the person procuring an offence and the person committing it

Facts

  • D added alcohol to P’s drink without P knowing
  • P was convicted for drink driving
  • The judge dismissed the case against D for procuring P’s offence as there was no shared intention between D and P

Held (Court Appeal)

  • Appeal dismissed – there is no requirement of the meeting of minds of D and P

Lord Widgery CJ

  • To procure means to ‘produce by endeavour’, there need not be agreement or discussion between the person committing the offence and the person procuring it
  • You cannot procure an offence unless there is a causal link between what you do and the commission of the offence
  • Where a generous host who gives his guests alcohol non-surreptitiously, he will not be guilty, he will be deemed to have supplied the tool with which the offence is committed and R v Bainbridge [1960] 1 QB 129 applies