Strict liability Flashcards
criminal law paper 1
What is meant by a strict liability offence?
A strict liability offence is one where the prosecution does not need to prove mens rea; the actus reus alone is sufficient for liability.
Give examples of strict liability offences created by i) statute and ii) common law.
i) Statute: Selling alcohol to minors (e.g., Licensing Act 2003).
ii) Common law: Public nuisance.
Why was D guilty of a strict liability offence in Pharmaceutical Society of Great Britain v Storkwain?
The defendant was guilty because they supplied prescription drugs without a valid prescription, even though they believed the prescription to be genuine.
What is meant by a “state of affairs” crime? Give an example.
A state of affairs crime occurs when liability arises simply from being in a prohibited situation, regardless of intent. An example is R v Larsonneur, where the defendant was prosecuted for being in the UK illegally, despite being brought there involuntarily.
What is the starting point when the courts are deciding if an offence is one of strict liability and the relevant statute is unclear?
The starting point is that there is a presumption of mens rea unless it is clearly displaced by the statute.
List the four factors identified in Gammon (HK) Ltd v Attorney General of Hong Kong [1984] which assist the court in deciding if an offence is one of strict liability.
1) The presumption of mens rea is strong for truly criminal offences.
2) Strict liability is more likely if the offence is regulatory in nature rather than truly criminal.
3) The statute must clearly indicate an intention to impose strict liability.
4) Strict liability is likely where the offence relates to public safety or social concern.
Of which offence was D found guilty in Alphacell v Woodward [1972]? Which use of strict liability offences does this demonstrate?
The defendant was guilty of polluting a river under the Rivers (Prevention of Pollution) Act 1951. This demonstrates the use of strict liability to protect the environment and public welfare.
Of which offence was D found guilty in Harrow LBC v Shah [1999]? Which use of strict liability offences does this demonstrate?
The defendant was guilty of selling a lottery ticket to a minor. This demonstrates the use of strict liability to ensure regulatory compliance and protect vulnerable groups.
