Strict liability Flashcards
What is strict liability?
Offences where the prosecution doesn’t need to prove the mens rea.
What kind of offences is strict liability used for?
Regulatory offences.
What is an example of a strict liability offence?
Speeding under the Road Traffic Act 1988.
What is meant by ‘state of affairs’?
When the defendant is guilty because of the situation they’re in, not because they did something voluntarily.
What is absolute liability?
A form of strict liability where no defence is allowed.
What case is used for mens rea involving strict liability?
R v Larsonneur.
Describe the R v Larsonneur case.
Defendant travelled to Ireland but was deported back to the UK against her will.
She was convicted.
What are the gammon tests?
Tests which help courts decide when to impose strict liability.
What did the gammon test confirm?
That the starting point is to presume mens rea is required.
What are the first 2 factors in the gammon tests?
Statute must clearly exclude mens rea to be strict liability.
Presumption of mens rea is stronger for truly criminal offences.
What are the second 2 factors in the gammon tests?
SL more likely if it helps enforce the law.
SL more likely for issues of public safety.
What are reasons for using strict liability offences?
To deal with matters of social concern
Promote a high degree of vigilance
Promote high standards of care
Protect public from harm
What case law under strict liability deals with a matter of social concern?
R v Blake.
Describe the R v Blake case.
Defendant claimed he was making a demo tape but accidentally transmitted a broadcast.
Convicted under Wireless Telegraphy Act 1949.
