Strict Liability Flashcards

You may prefer our related Brainscape-certified flashcards:
0
Q

Men’s rea can be removed when?

A

Statue says so

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1
Q

Men’s rea is…

A

Not required

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2
Q

Gammon rules (determining strict liability crimes)

A
  1. Men’s rea is presumed - sweet v parsley
  2. Presumption is extra strong
    If the crime is truly criminal - B v DPP
  3. If the statue says mr can be removed
  4. To promote public safety or social concern - smedley v breed
  5. Mr can only be removed to promote purpose of statue
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3
Q

Purpose of SL crimes is to?

A

Adress matters of public safety or social concern

- smedley v breed

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4
Q

Mens rea can only be removed to promote?

A

Purpose of the statue

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5
Q

SL crimes are:

A
Easier to prove
Cheaper for courts
Protects public - smedley v breed
However 
- people punished for quasi crimes
- punished when unrealising a risk
- punished when reasonable steps were taken - harrow v shah
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