Strict Liability Flashcards
1
Q
What does HARROW LONDON BOROUGH COUNCIL v SHAH state about Ds act?
A
D must have committed actus reus voluntarily, but D does not have to be at fault.
2
Q
According to GAMMON, what happens if it is unclear whether a crime is one of strict liability?
A
The courts start by presuming that the prosecution must prove men’s rea. This presumption will usually only be set aside and strict liability imposed if the statute involves an issue of social concern e.g. food safety, sale of alcohol etc.
3
Q
When does ALPHACELL LTD v WOODWARD state strict liability is more likely to be imposed?
A
The greater the social danger the more likely strict liability will be imposed, particularly if it would be effective in promoting higher standards of care.
