Strict liability Flashcards
What do strict liability crimes not require for at least one element of the offence?
Mens rea
Mens rea refers to the mental state or intent of the defendant at the time of the crime.
What needs to be proven in strict liability crimes?
Actus reus
Actus reus refers to the physical act or conduct that constitutes a criminal offence.
In what types of offences are strict liability crimes commonly found?
Regulatory offences
Examples include health & safety and environmental laws.
What is one justification for strict liability?
Protects public safety
Examples include food hygiene and road traffic laws.
What is another justification for strict liability?
Encourages higher standards of care
This encourages businesses to ensure compliance with laws.
Why is strict liability considered easier to enforce?
No need to prove intent
This reduces court time and resources.
What was the outcome of Callow v Tillstone (1900)?
The butcher was guilty of selling unfit meat
This was despite having taken reasonable care.
What was the significance of Harrow LBC v Shah (1999)?
The shopkeeper was guilty of selling a lottery ticket to a minor
This occurred despite taking precautions.
What did the case Pharmaceutical Society v Storkwain (1986) establish?
Liability for dispensing drugs with a forged prescription
This happened even though there was no fault on the part of the dispenser.
What do courts assume about mens rea unless Parliament states otherwise?
Mens rea is needed
This presumption can be overridden by clear legislative intent.
What was the outcome of Sweet v Parsley (1970)?
The landlord was not guilty of drug-related offences
She was unaware of her tenants’ actions.
In what contexts is strict liability applied?
Regulatory offences, public welfare, quasi-criminal offences
These usually involve minor infractions that do not carry severe penalties.
List one advantage of strict liability.
Protects society
This includes aspects such as consumer safety.
List another advantage of strict liability.
Encourages diligence and compliance
This promotes adherence to laws and regulations.
What is a disadvantage of strict liability?
Can be unfair
People can be punished without any fault on their part.
What is another disadvantage of strict liability?
No deterrent effect if reasonable steps were taken
This raises concerns about the effectiveness of such laws.
What is a potential human rights concern with strict liability?
Punishment without intent
This raises issues regarding fairness and justice.
What must courts balance when applying strict liability?
Public protection against fairness
Courts need to consider the impact on individuals versus societal safety.
What is the conclusion regarding strict liability in regulatory law?
It serves an important function but is controversial
Courts must navigate the complexities of enforcing these laws.
