15 Strict Liability Flashcards
Why is there no need for mens Rea in strict liability offences?
- 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
Why was Barnfather somewhat controversial?
-the defendant is guilty if they committed the actus reus even if they were acting reasonably
What is a classic example of strict liability?
- Harrow LBC v Shah (2000)
- selling of a lottery ticket to a person under the age of 16
What if there is no reference to mens Rea in a statute?
-it will be presumed that the offence requires mens Rea unless it expressly says not to make this presumption
In what case was the wording of the statute very strict?
-R v G (2008) which made sex with a child under the age of 13 statutory rape
When will a court not presume mens Rea?
- 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
What is required for a strict liability offence?
-simply commission of the prohibited conduct, not blameworthiness or other mens Rea