Strict Liability

Question 1

What type of offences are strict liability

Answer 1

Summary

Question 2

What do SLO aim to do

Answer 2

Punish but put pressure on inefficient to do their duty in the interest of the public

Question 3

For nearly all SLO what must be proved

Answer 3

The acute reus

Question 4

What do SLO need to be distinguished from

Answer 4

Absolute liability or state of affairs offences

Question 5

An ALO is

Answer 5

Where d can be punished even though his conduct is not voluntary. So d can have no intention. R v larsonneur

Question 6

What must be there for a SLO

Answer 6

Voluntary

Question 7

What is there a presumption for in all offences

Answer 7

That men’s rea is required for the actus reus

Question 8

What are strict liability offences

Answer 8

Offences that require men’s rea for the acrid reus

Question 9

Which case demonstrates that for all offences there is a presumption of men’s rea

Answer 9

R v prince

Question 10

Facts of r v prince

Answer 10

Charger under s55 offences against the person act for taking an unmarried girl under 16. he believed she was over 16. Therefore he didn’t have men’s rea however men’s rea is not required in order to protect young girls

Question 11

D may be guilty of a crime without any proof of fault despite not being to blame he will have no

Answer 11

Excuse no matter how careful he has been

Question 12

No excuse no matter how careful case

Answer 12

Callow v till stone

Question 13

Follow v till stone facts

Answer 13

D a butcher asked a vet to examine carcus and offered it for sale. The meat was not fit and charger with exposing unfit meat for human consumption even though he had exercised due care

Question 14

Most slo are statutory such as

Answer 14

S4 road traffic act even if unaware of condition or not responsible for it eg spiked drinks

Question 15

Some slo common law eg outraging public decency case

Answer 15

Gibson and sylveire

Question 16

Brief facts of Gibson and sylveire

Answer 16

Freeze dry foetus art exhibition no men’s rea was required

Question 17

Protection against selling unit food

Answer 17

Smedleys v breed

It matters not that 3 million tins of uncontaminated food is sold

Question 18

Protection against pollution

Answer 18

Alphacell v Woodward

Unaware that pumps became obstructed

Question 19

Protection against unlawful weapons

Answer 19

R v Howells

Question 20

How is it decided if an offence is slo

Answer 20

Court decide by statutory interpretation

Question 21

What do judges confused in deciding slo offences

Answer 21

If statute is clear that the offence is slo eg road traffic act
If there is no indication there is a presumption that Parliament did not intend to make criminals out of unblameworthy people eg sweet v parsley

Question 22

Which case went on to consider 4 other facts

Answer 22

Gammon (Hong Kong) v ag of Hong Kong

Question 23

4 factors from gammon

Answer 23

Presumption that men’s rea can be displaced is this is clear by the words of he implications of the words
Presumption is strong for truly criminal offences
Presumption can be displaced if act is concerned with public safety or social concern
Sl only apply if it will help enforce the law by encouraging greater vigilance

Question 24

What is a quasi criminal offence

Answer 24

Not criminal in a real sense designed to protect consumer or regulate trade, usually little sigma attached eg Harlow lbc v Shan

Question 25

What is a truly criminal offence

Answer 25

Cause physical harm or loss or an immoral, courts will be more reluctant to infer sl because of sigma eg b v DPP

Question 26

Harrow lbc v Shan

Answer 26

Sold lottery ticket u 13

Question 27

B v DPP

Answer 27

D asked 13 year old to have oral sex

Turkey criminal

Question 28

Where a section of an act is silent as to whether Mr is required courts will look at other section for example

Answer 28

S58(2) of the medicines act in storkwain was silent all though from other sections concluded that s58(2) was slo

Question 29

Storkwain

Answer 29

Chemist convicted of supplying drugs without a bald prescription even though he didn’t know the signature had been forged

Question 30

Where other sections of an act allow for due diligence but another section does not then this is an indicator that offence mentioned without due diligence is an sl for example in

Answer 30

Harrow lbc v Shan

Question 31

If an offence only applies to a specific class of person who are engaged in a particular activity eg food drugs offence is likely to be

Answer 31

Slo

Question 32

If offence applies to society as a whole is is likely to be

Answer 32

A truly criminal offence

Question 33

Is an act includes word using it is an slo eg

Answer 33

Warner v Mpc who possessed perfume thinking it was drugs

Question 34

It act says cause it will be an slo eg

Answer 34

Empress car co who caused pollution of a river

Question 35

In the word includes knowingly, intentionally or permitted not an slo eg

Answer 35

James and son v smee

Question 36

A person or a company without men’s rea may be liable for acts of another under

Answer 36

Vicarious liability

Question 37

Blake

Answer 37

Protection against illegal broadcasts

Question 38

No defence of mistake is available for an slo case

Answer 38

Cundy v or cocq

Question 39

Case details cundy v le cocq

Answer 39

Found guilty of selling alcohol to a drunk person despite not knowing they were drunk . This is an observable fact therefore liable

Question 40

There was not an observable fact case

Answer 40

Sherras v de rutzen

Sold alcohol to officer on duty because he had no arm band on