Strict Liability Flashcards
what is strict liability?
crimes that only need a partial mens rea.
what are the 5 gammon rules that judge whether a crime is strict liability?
- presumption of mens rea
- wording and context of the act
- quasi criminal offences
- the degree of danger and social concern
- deterrance
what does ‘presumption of mens rea’ mean?
where a criminal offence is created, the courts presume that a mens rea is required in order to be liable.
what case example can be used for ‘presumption of mens rea’?
Sweet v Parsley - D rented her house out to students who grew cannabis, so she was charged with managing premises for production of drugs. As she was unaware, she was not guilty of a strict liability offence.
what does ‘wording and context of the act’ mean?
when a judge looks at an Act of Parliament he needs to look for words indicating mens rea.
what is a ‘quasi criminal offence’?
minor offences such as selling an out of date sandwich.
what case example can be used for ‘quasi criminal offences’?
Smedleys - V bought a tin of peas that contained a dead caterpillar. D not guilty of a strict liability offence as it was considered quasi - criminal.
what does ‘the degree of danger and social concern’ mean?
if the crime is dangerous to society or is a social concern, it more likely to be strict liability to protect people.
what case example can be used for ‘degree of danger and social concern’?
Gammon - D’s building company deviated from plans and buildings were collapsing. D was guilty of a strict liability offence.
what is ‘deterrence’?
strict liability will be imposed if it will deter people from committing the same offence.
