Criminal law: Strict liability

Question 1

What are strict liability offences?

Answer 1

Offences where mens rea is not required in respect of at least one aspect of the actus reus.

Question 2

What is an example case that demonstrates strict liability?

Answer 2

Pharmaceutical society of Great Britain V Storckwain Ltd 1986: the defendant was charged under section 58 of the Medicines Act 1968 for supplying prescribed drugs even though the prescription was forged.

Question 3

What is absolute liability?

Answer 3

When no mens rea at all is required for the offence and there is no need to prove that the defendant’s actus reus was voluntary.

Question 4

What are two example cases where voluntary actus reus did not need to be proven?

Answer 4

Winzar V Chief Constable of Kent 1983: the defendant was charged under section 2 of the licensing Act 1872 for being drunk on the highway even though the police removed him from the hospital onto the highway.

R V Larsonneur 1933: The defendant was found guilty under the aliens Order 1920 despite being involuntarily deported back to England by Irish authorities.

Question 5

What is due diligence?

Answer 5

Where the defendant has done all that was within their power not to commit an offence.

Question 6

What is an example case that shows due diligence is not available for a valid defence?

Answer 6

Callow V Tillstone 1900: the defendant was convicted of the offence of exposing unsound meat for sale even though the vet he asked to examine the meat assured him that it was alright.

Question 7

What is no defence of mistake?

Answer 7

When the defence is still guilty even though they made a genuine mistake.

Question 8

What example case that illustrates ‘no defence of mistake’?

Answer 8

Cundy V Le Cocq 1884: the defendant was convicted of unlawfully selling alcohol to an intoxicated person under section 13 of the Licensing Act 1872.

Question 9

What are the points that need to apply for an offence to be one of strict liability?

Answer 9

It must be proved that the defendant did the actus reus

The actus reus must be voluntary

Mens rea does not need to be proved

Due diligence defence is not available

Defence of mistake is not available

Question 10

What are the three existing common-law offences that are ones of strict liability?

Answer 10

Public nuisance

Criminal libel

Outraging public decency

Question 11

How do the courts decide whether an offence is one of strict liability?

Answer 11

The courts start by identifying whether mens rea is required by looking where the Act of Parliament includes words indicating mens rea such as ‘knowingly.’

However, if the Act makes it clear that mens rea is not required, then the offence will be one of strict liability.

Question 12

What is an example case where the judge presumed that the criminal offence required mens rea?

Answer 12

Sweet V Parsley 1969: the court presumed that the offence of using property to smoke cannabis required mens rea.

Question 13

What case set out the criteria for a crime to be one of strict liability?

Answer 13

Gammon Ltd V Attorney General of Hong Kong 1985: These were

whether the offence is truly criminal,

whether the offence has an issue of public safety or concern and

whether the statute excludes mens rea.

Question 14

What are quasi-crimes?

Answer 14

Regulatory offences that affect large areas of everyday life for example not wearing a seatbelt.

Question 15

What are the justifications for strict liability?

Answer 15

Policy issues - the risks of danger to the public outweigh the defendant’s rights.

Social utility – making an offence one of strict liability promotes greater care by encouraging higher standards to protect society.

It is easier to enforce as there is no need to prove mens rea.

Question 16

What are the arguments against strict liability?

Answer 16

It imposes guilt on people who are not blameworthy in any way which happened in the case of Harrow V Shah and Shah 1999 where they were charged with selling a ticket to a child under 16, which is an offence under section 13 of the National Lottery Act 1993.

It may be imposed even though the defendant was unaware of any risks which happened in Environment Agency V Brock plc 1998 where the company was found liable for the leak that was caused by a hidden defect in a seal.

Question 17

What are the proposals for reform of strict liability?

Answer 17

Parliament should always state whether an offence is meant to be one of strict liability so there would be no need for the courts to use complicated rules of interpretation.