strict liability

Question 1

strict liability

Answer 1

is the idea that a person can be liable without fault on their part, can be guilty without mens rea

Question 2

r v prince

Answer 2

d did not know she was under 16, no mens rea was required in respect of knowledge of the girl’s age, so this part of the offence is on of SL.

Question 3

state of affairs crimes

Answer 3

this means that d is guilty of an offence if he is responsible for a situation, he is criminally liable as he is responsible for the state of affairs.

Question 4

absolute liability

Answer 4

d can be found guilty of a crime even where he has not acted voluntarily

Question 5

r v larsonneur

Answer 5

the COA upheld her conviction, ruling the fact that she was forced to return to the UK was ‘perfectly immaterial.

Question 6

sweet v parsley

Answer 6

d was charged under s5(6) of the dangerous drugs act 1965.
held: not guilty as where the statute is unclear, d is presumed to require mens rea.

Question 7

gammon (HK) ltd v attorney general of hong kong

Answer 7

this case confirmed that the starting point is to presume mens rea is required. other factors to consider are:

Question 8

the presumption is particularly strong where the offence is a ‘truly criminal’ one

Answer 8

‘regulatory’ offences are more likely to be deemed ones of strict liability - selling a child a lottery ticket - harrow LBC v shah and shah

Question 9

clear words are needed to rebut the presumption

Question 10

the presumption can only be displaced if the statute addresses an issue of social concern - e.g. public safety

Question 11

strict liability will only apply if it will help enforce the law by encouraging greater vigilance.

Question 12

b v DPP

Answer 12

inciting a child under the age of 14 to commit an act of gross indecency, the max sentence for this is 2 years in prison

Question 13

lord nicholls

Answer 13

“the more serious the offence, the greater the weight to be attached to the presumption [of mens rea] bc the more severe the punishment, the graver the stigma.

Question 14

reasons for why SL offences are used

Question 15

dealing with matters of social concern

Answer 15

r v black → convicted of broadcasting without a licence, so a matter of social concern

Question 16

promote a high degree of vigilance

Answer 16

alphacell v woodward → his waterpump didn’t work correctly, causing tank to overflow and discharge polluted into a stream.
held: guilty, despite not knowing about the defective pump at the time

Question 17

promote the mainteance of high standards of care

Answer 17

smedleys v breed → one tin of peas was found to contain a small caterpillar
not sufficient to show that the company had taken all reasonable care to avoid this happening, so he was guilty.

Question 17

protecting the public from harm

Answer 17

harrow lbc v shah and shah → guilty of selling a lottery ticket to a person under 16

Question 18

two other reasons

Answer 18

• easier to convict → avoid clogging up the courts for routine matters
• dealing with regulatory offences → usually dealt with by way of fine