Part 8: Interpretation and Application of Statutory Offences Flashcards
What does strict liability mean in the context of criminal law?
Strict liability means that the Crown does not need to prove that the accused had a guilty mind (mens rea), but they only need to prove that the accused engaged in the forbidden behaviour (actus reus).
When is a strict liability offence likely to apply?
A strict liability offence is likely to apply when statutory legislation does not specify any required mens rea (e.g., words like “intentionally,” “recklessly,” or “knowingly”). Common examples include public welfare offences and many road traffic offences (e.g., speeding, running a red light, factory legislation).
What is the general principle regarding mens rea in criminal law?
The general principle is: “Actus non facit reum nisi mens sit rea”, meaning “the act is not culpable unless the mind is guilty.” This means that usually, both actus reus (the criminal act) and mens rea (guilty mind) are needed for someone to be found guilty.
What is the significance of Sweet v Parsley (1970) regarding strict liability?
Sweet v Parsley (1970) is an important case that established a presumption against strict liability for serious offences. In this case, Miss Sweet, a schoolteacher, was charged under drugs legislation for renting out a property where cannabis was being smoked by her tenants. The House of Lords held that the offence required knowledge of the illegal activity, as strict liability was not intended for such a serious offence, especially when the accused had no knowledge of the crime.
How does the case of Sweet v Parsley (1970) affect how courts view strict liability offences?
Sweet v Parsley (1970) reinforced the idea that strict liability should not be applied to serious offences, particularly where the accused had no knowledge of the offence. This case shows that courts will presume against strict liability in situations where it would unfairly criminalize someone without proving their intent or knowledge.
What is the first step in establishing a defence for a statutory offence?
The first step in establishing a defence for a statutory offence is to show a mistake, reliance on information, act of another person, accident, or some other cause beyond the accused’s control. One of these factors must be demonstrated to support the defence.
What must the accused demonstrate after showing one of the first-leg factors in a defence?
After showing one of the first-leg factors, the accused must also demonstrate that they took reasonable precautions and exercised due diligence to avoid committing the offence.
Can defences be available for statutory offences in consumer protection legislation?
Yes, some statutory offences, such as those under consumer protection legislation, provide a defence in certain circumstances, where the accused can prove factors like mistake or reliance on information, and that they exercised due diligence.
What is vicarious liability?
Vicarious liability is when someone is convicted for an offence that is actually being perpetrated by someone else, often used to impose liability on an employer for acts and omissions of its employees.
When can vicarious liability be imposed on an employer?
Vicarious liability can only be imposed on an employer when the employee is acting within the scope of their employment. If the employee is acting outside of their employment duties, the employer will not be held liable.
Does vicarious liability apply to all types of offences?
No, vicarious liability only applies to statutory offences, such as committing a breach of peace. An employer would not be liable for other non-statutory offences committed by an employee.
