Strict Liability Flashcards

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1
Q

Define Strict Liability.

A
  • Crimes which don’t require Mens Rea
  • D is guilty because he/she did Actus Reus (voluntarily), therefore no need to prove Mens Rea
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2
Q

Explain Absolute Liability.

A
  • When D has been guilty even though they didn’t do Actus Reus volunatrily
  • Therefore no Mens Rea and Actus Reus isn’t volunatrily
  • Involves ‘Status Offences’- Actus Reus is a State of Affairs
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3
Q

Explain Strict Liability- No Fault.

A
  • Actus Reus must usually be voluntary, occasionally D convicted if involuntary act inadvertently caused a prohibited consequence
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4
Q

Explain Strict Liability- No ‘Due Diligence’ Defence.

A
  • If D can show they did all they could in their power to NOT commit offence, won’t be liable
  • No reasonable/sensible pattern to when Parliament has decided this defence is available, argued it should be available for all offences of strict liability.
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5
Q

Explain Strict Liability- No Defence of Mistake.

A
  • For Strict Liability, defence of mistake isn’t available
  • If it was available, then D would be acquitted if they made an honest mistake.
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6
Q

Explain Strict Liability- Common Law.

A
  • Nearly all Strict Liability offences created by statutes, very rare at common law
  • 3 existing common-law offences: public nuisance (e.g. underage drinking), criminal libel (e.g. attempted rape), outraging public decency.
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7
Q

Explain Strict Liability- Statute Law.

A
  • Over half of all statutory offences are ones of strict liability
  • Most offences are regulatory in nature and include matters such as: sale of food, sale of alcohol, safe use of vehicles, e.t.c
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8
Q

Explain Strict Liability- Gammons Test

A
  • Necessary to decided whether it had to proved they knew that their deviation was material or whether offence was one of strict liability
  • Privy Council started with presumption that Mens Rea is required before a person can be held guilty of a crim offence and that this presumption also applied to statutory offences.

4 Factors Should be considered:
- Presumption of Mens Rea only displaced if clearly or by necessary implication the effect of the words of the Statute
- Presumption particularly strong where offence is ‘truly criminal’ in character
- Presumption only displaced if statute is concerned with issue or social concern, e.g. public safety
- Strict liability only applied if helps enforce law by encouraging greater vigilance to prevent commission of prohibited act

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9
Q

State the Justifications for Strict Liability.

A
  • Saves Court time as people are more likely to plead guilty
  • Helps protect society by promoting greater cover over matters by public safety- public policy
  • Encourages higher standards in such matters as hygiene in processing and selling food.
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10
Q

State the Arguments against Strict Liability.

A
  • Makes people that aren’t blameworthy guilty
  • Those unaware of risks still guilty
  • Strict Liability is contrary to Human Rights
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