Warner v Metropolitan Police Commissioner, 1969 [1969] 2 AC 256
Citation:Warner v Metropolitan Police Commissioner, 1969 [1969] 2 AC 256
Rule of thumb:If you are given a package to deliver, which it turns out has criminal goods, is it presumed you know what is inside it? Yes, people have a reasonable duty to enquire about what is in the package and if this is not done then a criminal offence is committed.
Background facts:
The basic facts of this case were that 2 packages were left for Warner to collect and deliver in a cafe. Warner collected the packages and was on his way to deliver when the police stopped and searched him. It became clear upon looking at the 2 package that one was perfume and the other was a bag of pills which turned out to be recreational drugs.
Parties argued:
Warner argued that he did not know what was in the package, just that he was to deliver them.
Judgment:
The Court held that Warner was guilty of an offence – where people are asked to deliver a package there is a reasonable duty upon them to make inquiries as to who the organisation behind the delivery is, or, at least fairly closely at the parcel in a reasonable way – otherwise they will be guilty of drugs offences.
Ratio-decidendi:
‘I think that the term ‘possession’ is satisfied by a knowledge only of the existence of the thing itself and not its qualities and that ignorance or mistake as to its qualities is not an excuse. This would comply with the general understanding of the word ‘possess.” Lord Pearce
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.