Strict Liability Flashcards
Strict liability
Make degree level flashcards on multiple parties to a crime as a topic of english criminal law using case referencing
Examples of strict liability offences
Road traffic offences, such as speeding or driving without insurance.
Selling alcohol to someone underage.
Breach of health and safety regulations.
Criticisms of strict liabilities
It can lead to unfairness, as someone can be convicted of a crime even if they had no intention of committing it.
It can lead to over-regulation, as businesses may become overly cautious in order to avoid being prosecuted for a strict liability offence.
It can lead to a lack of incentive to improve safety standards, as businesses may feel that they are already doing enough to avoid prosecution.
Defences against being convicted of strict liability
Due diligence: a defence where the accused shows that they took all reasonable precautions to prevent the offence.
Mistake: a defence where the accused shows that they genuinely believed that what they were doing was not an offence.
Honest and reasonable belief: a defence where the accused shows that they had an honest and reasonable belief that they were not committing an offence.
Explain the strict liability case of Sweet v Parsley (1970)
The defendant rented out a house and was unaware that her tenants were using it to smoke cannabis. She was charged with permitting the use of premises for the purpose of smoking cannabis. The House of Lords held that strict liability did not apply in this case, as the offence required mens rea.
Explain the strict liability Smedleys Ltd v Breed [1974]
The defendant company was charged with selling canned peas that contained a frog. The company argued that they had taken all reasonable precautions to prevent the offence, but this defence was rejected as the offence was one of strict liability.
