Strict Liability Flashcards
What’s strict liability
Offences where mens rea is not required
Example of strict liability
PSGB v Storkwain ltd
What’s absolute liability
No mens rea at all is required nor does the actus reus have to be voluntary
Examples of absolute liability
- R v Larsonneur
- Winzar
Strict liability examples following a disregard to state of affairs
- R v Prince - mens rea for taking girl but not for her age
- R v Hibbert - acquitted as didn’t have mens rea for taking girl
- Callow - guilty even though he has taken reasonable care
What is due diligence
Where D has done all that was within his power not to commit an offence
Example of due diligence
Harrow LBC - selling of underage lottery tickets
What is No defence of mistake
D will still be guilty even though s/he made a genuine mistake
Example of no defence of mistake
Cundy v le cocq
Examples of common law in Strict Liability
- public nuisance
- criminal libel
- outraging public decency
Example of outraging public decency
Gibson v Sylverre
How does the court decide if an offence is strict liability
Use of the gammon test from Gammon 1984
What is the gammon test?
- Presumption that mens rea is required
- This presumption is particularly strong where offence is ‘truly criminal’
- Presumption can only be displayed if statute is concerned with issue of social concern
- Strict liability should only apply if it will help enforce the law thus preventing future crime
Example of a presumption of mens rea
Sweet v Parsley
Example of looking at rest of the act
Storkwain
