Strict liability Flashcards
What is strict liability ?
crimes that don’t require the Mens Rea, disregarding intention
what is the name for crimes where there is absolutely no Mens Rea required and the Actus Reus doesn’t have to be voluntary ?
Absolute liability
What is a due diligence defence ?
If the defendant can prove they did everything in their power not to commit the offence
“A defendant will be acquitted if they can prove they made an honest mistake”
what is the name of this defence ?
Defence of mistake
What test came from the
Gammon LTD V Attorney General of Hong Kong
(1984) case ?
The gammon test
What are Quasi-criminal offences ?
offences more likely to be that of strict liability, not thought to be truly criminal
Are offences with a penalty of imprisonment likely to be ones for strict liability ?
No, because they are viewed as truly criminal
What is meant by issues of social concern ?
Potential danger to public health, safety and morals
