Defences Flashcards
1
Q
What are the defences?
A
Due Diligence and Mistake
2
Q
What does due diligence mean? Case?
A
A due diligence offence may be provided in certain statutes, but there is no general defence at common law, so it must be provided in the same statute as the offence. It can be pleaded when D has staked care and no Negligence is apparent.
Case; Tesco Ltd. v Nattrass 1972
3
Q
What is mistake? Case?
A
That the act was unintentional. This defence isn’t available for SI offences.
Case; Cundy v Le Cocq 1884. (D was convicted of selling alcohol to a dunk person. Mistake wasn’t allowed)
