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Law > No Fault And Strict Liability > Flashcards

No Fault And Strict Liability Flashcards

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1
Q

Definition of Strict Liability?

A

Offences where mens rea is not needed

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2
Q

Case for Strict Liability?

A

R v Prince

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3
Q

Definition of Absolute Liability?

A

No mens rea at all is required and the actus reus does not need to be voluntary

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4
Q

Case for Absolute Liability?

A

R v Larsonneur

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5
Q

Definition of No Fault Liability?

A

D is liable if he voluntarily did the actus reus even though he is not blame-worthy

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6
Q

Case for No Fault Liability?

A

Callow v Tillstone

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7
Q

Definition of No due Diligence Defence?

A

D has done all that was within his power not to commit an offence

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8
Q

Case for No Due Diligence Defence?

A

Harrow LBC v Shah and Shah

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9
Q

Is the No Due Diligence Defence available?

A

No

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10
Q

Defence of Mistake?

A

D will still be guilty even though he made a genuine mistake

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11
Q

Case for Defence of Mistake?

A

Candy v le Cocq

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12
Q

Quasi Criminal Offences?

A

Regulatory crimes are more likely to be held strict liability offences

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13
Q

Case for Quasi Criminal Offences?

A

Harrow LBC v Shah and Shah

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14
Q

Penalty of Imprisonment regarding Strict Liability?

A

Where an offence is punishable by imprisonment, it is less likely to be held to be one of strict liability

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15
Q

Case for Penalty of Imprisonment regarding Strict Liability?

A

B v DPP

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16
Q

Looking at the rest of the Act regarding Strict Liability?

A

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

17
Q

Case for Looking at the rest of the Act regarding Strict Liability?

A

Storkwain

18
Q

Issues of Social Concern regarding Strict Liability?

A

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

19
Q

Case for Issues of Social Concern regarding Strict Liability

A

Blake 1997

20
Q

Case showing guilty even if unaware of the risk in Strict Liability?

A

Environment Agency v Brock plc

Law (16 decks)

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