Strict/Absolute Liability Flashcards
Is a mental element required for strict/absolute liability offences?
No. Unlike negligence, the conduct of the actor is not measured against an objective standard – a particular act is declared illegal and liability is incurred for committing that act.
What do proponents of strict liability offences say this type of offence is suitable for?
Regulatory offences, offences committed by corporate entities, and for public protection in certain circumstances.
What is the difference between strict and absolute liability offences?
Strict liability – no mens rea required but a defence of due diligence is available
Absolute liability - no mens rea required and a defence of due diligence is not available
Note this differentiation is somewhat modern in Irish courts (came about largely after CC case)
How to determine if offences are strict liability crimes.
Often the statutory provision will be silent on the issue of mens rea.
- Presumption of mens rea may be rebutted explicitly or by implication with reference to the subject matter of the offence.
- Courts will often consider the development of an offence over time to determine if mens rea is excluded by implication. (like in Sweet v. Parsley)
What are the Reilly v Patwell considerations for strict v absolute liability?
Written by McCarthy J
(1) The moral gravity of the offence.
(2) The social stigma attached to the offence.
(3) The penalty.
(4) The ease (or difficulty) with which a duty is discharged or the law obeyed.
(5) Whether or not absolute liability would encourage obedience.
(6) The ease or difficulty with which the law might be enforced.
(7) The social consequences of non-compliance.
(8) The desideratum to be achieved when considering the statutes
Overcrowding in buses - passenger caps. High Court rejected bus operator’s due diligence defence, saying this strict liability offence had been implemented to protect the public interest.
M’Adam v Dublin United Tramways Co [1929]
Canadian case re: city who hired a company to dispose of waste, who then didn’t do so properly. Notable because Dickson J proposes a “half-way house” solution of parties being able to claim a due diligence defence.
R v City of Sault Ste Marie (1978)
Farmer with piggery next to a river. Give key case summary.
Maguire v Shannon Regional Fisheries Board [1994] - KEY CASE
Cavan County Council was held to be violating some water pollution laws. Give KEY CASE SUMMARY
Shannon Regional Fisheries Board v Cavan County Council [1996] - KEY CASE
Voyager bar owner charged with littering offence. Give KEY CASE SUMMARY.
Reilly v Judge Patwell [2008] - KEY CASE
Ranchers charged with violation of EU law by letting herd graze of protected land. Give KEY CASE SUMMARY.
Minister for the Environment v Leneghan [2009] - KEY CASE
Guy sleeping with underage girl. Give KEY CASE SUMMARY.
CC v Ireland [2006] - KEY CASE
Taxi driver allowing another person to utilize their taxi without the appropriate driving license. Give KEY CASE SUMMARY.
National Transport Authority v Beakhurst [2020] - KEY CASE