strict liability Flashcards
what is strict liability
when no need to prove mens rea for at least 1 element of ar
prince
why are mental capacity defences like insanity not relevant in strict liability cases
- bc strict liability doesn’t need proof of mens rea
dpp v harper
how is strict liability different to absolute liability or state of affairs.offences
- absolute liability involves no act or fault at all
winzar
what are the gammon principle for determining strict liability
5 clear rules, determine whther offence treated as strict libaiblity
. 1. presumption of mens rea to statutory offences
2. can only be displaced by clear or necessary implications from statute
3. presumption is strong if the offence is truly criminal
4. strict liability may apply if offence involves social concern
5. should help enforce law by encouraging vigilance
what case confirms presumption of mens rea in statutory offences
sweet v parsley
what indicates mens rea in statute wording
words like ‘knowingly’ wilfully cause or possession
Warner
how strong is the presumption of mens rea in truly criminal offences
very strong , shown in b v dpp
how did the sexual offences act 2003 affect strict liability
- it made sex offences strict liability , overriding mens rea
r v g 2006
what are quasi crimes
- regulatory strict liability offences often involving public welfare
what is an example of strict liability potentially undermining human rights
r v g under sexual offences act 2003 , may conflict with art 8 hra 1998
when is strict liability more likely to be imposed
- when offence involves social concern and encourages vigilance
Blake
is mistake a defence to strict liability
- mistake isn’t a defence
candy v le cocq
what is the defence of due diligence
- allows defendant to avoid laibility if they did everything in their power to prevent the crime
shah and shah
what statute includes a due diligence offence
section 24 of the trae description act 1968
