Part 8 - statutory offences Flashcards
1
Q
actus non facit reum nisi mens sit rea
A
an act does not make a person guilty unless their mind is also guilty
2
Q
Strict liability
A
Crimes where negligence or intent (mens rea) does not need to be shown
3
Q
Sweet v Parsley 1970
A
Courts presume against strict liability where legislation have not said so
cannabis found in sub tenants property
main tenant argued legislation banning cannabis cannabis was strict liability, as she didn’t have knowledge of it she had no mens rea
court acquitted
4
Q
due diligence defence
A
Reasonable steps were taken to avoid crime ie fake id
5
Q
Vicarious liability requirements
A
Offence must be statutory
accused must be acting within scope of employment