strict liability

Question 1

gammon rules

Answer 1

• the presumption of mens rea
  -the wording and context of the act
  -quasi criminal offences
  -the degree of danger and social concern
  -deterrence

Question 2

the presumption of mens rea

Answer 2

where the courts presume that mens rea is requires on order to be liable.
case- sweet v parsley- smoking weed in a rented house

Question 3

the wording and context of the act

Answer 3

when a judge looks at an act of parliament he needs to look for words including mens rea. if the section doesn’t imply mens rea is needed we will presume it is an sl offence.
case- cundy- a bar man served alcohol to someone already drunk.

Question 4

quasi criminal offences

Answer 4

minor offences such as selling an out of date sandwich.
case- smedley- company sold tin cans, someone found a bug in theirs.

Question 5

the degree of danger and social concern

Answer 5

if the crime is dangerous to society or is a social concern, it will be sl.
case- gammon- company deviated from plans as buildings were collapsing.

Question 6

deterrence

Answer 6

sl will be imposed if it will deter people from doing the same offence.