R v Smith and Kitchen (Criminal Review Case 54 of 1940) [1940] ZMHCNR 4 (31 December 1940)

86 Vol. II] R . v. S M IT H AND K IT C H E N . Crim in al R eview Case N o. 64 of 1940. N on-corporate body cannot be charged—individual concerned must be charged and not the firm. A non-corporate body cannot be charged w ith an offence but the individual member o f the firm can be so charged. As to the criminal liability o f Corporations see Archbold, Criminal Pleading Evidence and Practice, 34th Edition, para. 23. Law , C . J.: Mr. Burton, Manager o f Messrs. Smith and Kitchen, pleaded guilty (by letter) to the charge. That firm is n ot proved to be a Corporate Body, consequently it has no legal entity and cannot be fined. In such cases, the individuals themselves should be prosecuted according In this particular case it would appear that Mr. Burton to the facts. took the responsibility for the offence. In the circumstances, therefore, it was not competent for the Magistrate to accept a plea o f guilty. Accordingly, the conviction is quashed and the fine should be refunded. No order will be made for the retrial o f the case against any particular individual or individuals. The authorities concerned, however, are free to institute fresh proceedings, should they so desire.