Strict liability Flashcards
1
Q
Strict liability
A
Don’t require MR
2
Q
Case demonstrating strict liability
A
Pharmaceutical Society of Great Britain v Storkwain 1986
3
Q
Pharmaceutical Society of Great Britain v Storkwain 1986
A
Strict liability
4
Q
Shah and Shah 1999
A
Can still be convicted without fault
5
Q
Can still be convicted without fault
A
Shah and Shah 1999
6
Q
There is no defence of mistake
A
Cundy v Le Cocq 1884
7
Q
Cundy v Le Cocq 1884
A
There is no defence of mistake
8
Q
Justifications for strict liability
A
- People are more careful
- People are more aware of businesses that could harm them
- Saves time in courts so there is more time for serious cases
- Fault can still be considered in sentencing, and the court will impose a punishment that reflects the level of fault
9
Q
Strict liability being unjust
A
- creates attitude of aggression and moral inequality between business and the law
- prosecutes people
who are actively trying not to cause harm - Mistakes cannot be deterred and arguably shouldn’t be punished
