Coincidence Of AR And MR Flashcards
What is coincidence of AR and MR ?
AR + MR must occur at same time for D to be guilty.
What is an example of a contiuing act?
FAGAN: D car on police foot, when asked to move refused. This is when MR coincided with AR.
What is an example of series of events of AR + MR?
THABO MELI: beat V up and threw over cliff. AR was series of event and MR coincided as D set out to kill V (mr at beginning
What is strict liability?
When no MR is needed with regard to one particular AR.
Example of strict liability.
CALLOW V TILLSTONE: butcher ask vet examine meat, said was ok, but i wasn’t. Butcher guilty as happened on his watch (arguably not fair).
ALPHACELL LTD V WOODWARD: (pollution of environment) allowed waste into river even though it was a result of storm.
SMEDLEYS V BREED: (food safety) dead caterpillar in tin even though taken reasonable care.
SHAH V HARROW LBC: ( protection children from gambling): shopkeeper liable selling lottery ticket to under 16 even though all reasonable steps taken.
When will strict liabilty not be used?
When an offence is ‘truly criminal’ and should require mens rea to be proven.
SWEET V PARSLEY: teacher let students rent house, students did drugs in house with teacher didn’t know. D found not guilty as MR needed.
What factors were given in GAMMON?
- presumptions of MR in criminal offences before person can be held guilty.
- truly criminal presumptions strong.
- statue must clearly exclude MR.
- presumptions can only be displaced where statue is concerned with issue of social concern + public health.
