No Fault And Strict Liability Flashcards
Definition of Strict Liability?
Offences where mens rea is not needed
Case for Strict Liability?
R v Prince
Definition of Absolute Liability?
No mens rea at all is required and the actus reus does not need to be voluntary
Case for Absolute Liability?
R v Larsonneur
Definition of No Fault Liability?
D is liable if he voluntarily did the actus reus even though he is not blame-worthy
Case for No Fault Liability?
Callow v Tillstone
Definition of No due Diligence Defence?
D has done all that was within his power not to commit an offence
Case for No Due Diligence Defence?
Harrow LBC v Shah and Shah
Is the No Due Diligence Defence available?
No
Defence of Mistake?
D will still be guilty even though he made a genuine mistake
Case for Defence of Mistake?
Candy v le Cocq
Quasi Criminal Offences?
Regulatory crimes are more likely to be held as strict liability offences
Case for Quasi Criminal Offences?
Harrow LBC v Shah and Shah
Penalty of Imprisonment regarding Strict Liability?
Where an offence is punishable by imprisonment, it is less likely to be held to be one of strict liability
Case for Penalty of Imprisonment regarding Strict Liability?
B v DPP
Looking at the rest of the Act regarding Strict Liability?
If other subsections state that mens rea is needed but the section being considered does not tell this, it is likely that the offence will be held to be one of strict liability
Case for Looking at the rest of the Act regarding Strict Liability?
Storkwain
Issues of Social Concern regarding Strict Liability?
Where the offence involves danger to public health, safety, or morals then it is more likely to be held to be a strict liability offence
Case for Issues of Social Concern regarding Strict Liability
Blake 1997
Case showing guilty even if unaware of the risk in Strict Liability?
Environment Agency v Brock plc
