15 Strict Liability Flashcards

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1
Q

Why is there no need for mens Rea in strict liability offences?

A
  • they are not as morally culpable although this can cause harsh results as in Barnfather (2003)
  • this is why nearly half of all offences are ones of strict liability
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2
Q

Why was Barnfather somewhat controversial?

A

-the defendant is guilty if they committed the actus reus even if they were acting reasonably

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3
Q

What is a classic example of strict liability?

A
  • Harrow LBC v Shah (2000)

- selling of a lottery ticket to a person under the age of 16

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4
Q

What if there is no reference to mens Rea in a statute?

A

-it will be presumed that the offence requires mens Rea unless it expressly says not to make this presumption

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5
Q

In what case was the wording of the statute very strict?

A

-R v G (2008) which made sex with a child under the age of 13 statutory rape

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6
Q

When will a court not presume mens Rea?

A
  • when other sections of the statute refer explicitly to mens Rea but others do not it is clearer that there is not meant to be mens Rea
  • where other acts covering similar areas indicate that there should be no mens Rea
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7
Q

What is required for a strict liability offence?

A

-simply commission of the prohibited conduct, not blameworthiness or other mens Rea

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