strict liability Flashcards
strict liability
departs from normal crimes where the fulls mens rea is needed for every part of actus reas - needs partial
absolute liability
the act is involuntary, no mens rea is required at all
Storkwain
D supplied drugs on prescription that were forged.
Guilty of an SL offence as it was quasi and dangerous.
Had PMR as he knew he was providing the prescription
Winzar - AL
D was took to hospital, police realised he was drunk and throw him on the street.
Guilty of absolute liability as he was drunk on a road.
Irrelevant there was no MR or involuntary.
Re Larsonneur
foreign spy kept in English cell overnight, no intention to be there.
Guilty of absolute liability offence.
Irrelevant there was no MR or that is was involuntary.
Gammon rules
guidelines on when the courts should impose SL - not binding as its the Privy Counsel but theyre still used
Sweet
students grew cannabis in flat - landlord unaware.
COA - guilty - SL - drugs
HOL - not guilty - COA presumed MR not SL
B v DPP
15 year old asked 13 year old for oral sex.
COA - guilty - SL
HOL - not guilty - presumption of MR which he didnt have
K , S , Kumar
3 cases of sexual offences with younger ages
HOL confirmed the B approach - SL not suited
G
15 year old had sex with a 12 year old
HOL - guilty of SL did not presume MR as she looked too young
Cundy
sold alcohol to a person already drunk.
COA - used the silent section 13 to deliberate charge SL - quasi offence due to to licensing laws
Collins
racially offensive messages left to an MP.
COA - guilty of SL as the silent sections were deliberate SL
Sherras
sold alcohol to an officer on duty, the PC didnt have his armband on which indicated he was off duty.
COA - not guilty - they transferred the MR across the other sections so not SL
Callow v Tillstone
butcher sold checked meat that was unfit for selling.
Guilty of SL - quasi/ dangerous as its a food regulation.
Gammon
failed building regulations.
HOL - guilty of SL and a quasi offence as it was dangerous.
