strict liability

Question 1

the mens rea…

Answer 1

• isn’t required to prove guilt

Question 2

Ca…

Answer 2

• Callow v Tillstone
• butcher convicted of exposing unsound meat for sale
• even tho taken reasonable care, it was strict liability

Question 3

Harr…

Answer 3

• Harrow LBC v Shah and Shah
• charged under s13(1)(c) of the National Lottery Act 1993

Question 4

the first rule…

Answer 4

• words like ‘maliciously, intentionally, permitting, or knowingly’ mean mr is needed
• if the act makes it clear that it isn’t, it’s strict liability

Question 5

GAMMONS TEST
the gammon test…

Answer 5

is used to change the offence to one of strict liability

Question 6

GAMMONS TEST
the case was…

Answer 6

• Gammon (Hong Kong) Ltd v Attorney-General of Hong Kong (1984)

Question 7

GAMMONS TEST
factor 1

Answer 7

• the presumption can only be displaced if this is clearly or by necessary implication the effect of the words or statute

Question 8

GAMMONS TEST
factor 2

Answer 8

• the presumption is particularly strong where the offence is ‘truly criminal’ in character r

Question 9

GAMMONS TEST
factor 3

Answer 9

• presumption can only be displaced if the statute is concerned with an issue of social concern such as public safety