Strict Liability

Question 1

5 stages?

Answer 1

Absolute liability
Strict liability
No fault liability
No due defence liability
No defence of mistake

Question 2

Absolute liability?

Answer 2

Guilty even if actus reus was done involubtarily
R v Larsonneur-Guilty under Alien order 1920

Question 3

Strick Liability

Answer 3

If MR not present, look at strict liability where only AR neccrssary
2 similar cases guilty under S55 OAPA 1861-“unlawfully take or cause to be taken any unmarried girl under 16 out of possesion and against the will of father/mother
R v Prince- thought she was 18
R v Hibbert- sex with 14yo, he was aquited/didnt know she was in possession.

Question 4

No fault liability

Answer 4

Convicted if act inadvertently caused prohibited consequence, even if D was totally blameless.
Callow v Tillstone

Question 5

No ‘due diligence’ defence

Answer 5

Due diligence- done all they could to not commit an offence
Harrow LBC v Shah and Shah- didn’t ask for ID, sold lottery ticket to 13 yo (vicarious liability)

Question 6

No defence of mistake

Answer 6

Defence of mistake is not available.
Cundy v Le Cocq- sold alcohol to a drunk. He was unaware it was a drunk. There is no defence if mistake on account a sale was made to a drunk.
Sherras v De Rutzen- D sold alcojol to on-duty po (who removed his police arm band). Conviction quashed as a genuine mistake provided D with defence.