Strict Liability Flashcards
What case illustrates strict liability?
Callow v Tillstone (1900)
What case happened in 1900?
Callow v Tillstone
In what year was the case of Callow v Tillstone?
1900
What happened in the case of Callow v Tillstone (1900)?
A butcher was convicted of selling neat which was unfit for human consumption despite the fact certified the best as safe
What types of crimes are often those of strict liability?
Regulatory offences such as food and hygiene or environmental regulations
What is the problem with strict liability?
It is extremely harsh and therefore must not be overused
Briefly, what are the arguments in favour of strict liability?
Protection against pollution
Promotion of health and safety
Protect public morality
Protection of social dangers such as drugs and unlawful weapons
What case illustrates strict liability provides protection against pollution?
Alphacell v Woodward (1972)
What case happened in 1972?
Alphacell v Woodward
What year did the case of Alphacell v Woodward happen?
1972
What happened in the case of Alphacell v Woodward (1972)?
The Rivers (prevention of pollution) act 1951 made it an offence to pollute a river. The defendant claimed they should not be penalised as they were unaware of the pollution.
What was the outcome of Alphacell v Woodward (1972)?
The court held that knowledge was irrelevant. The fact the actus reus was present was sufficient
What did Smith and Pearson state?
Strict liability does induce organisations to aim at higher standards
Who contradicts Smith and Pearsons statement?
Brett
What does Brett argue?
Brett argued there is no evidence for a higher standard or care as a result of strict liability.
If prosecutions can be prosecuted regardless of taking precautions they may take none whatsoever.
It’s cheaper to pay fines than alter bad working practices
What case supports that strict liability promotes health and safety?
Pharmaceutical society of Great Britain v Storkain (1986)
What is the case of Pharmaceutical society of Great Britain v Storkain (1986) relevant too?
Promotion of health and safety aided by strict liability
In what year was the case of Pharmaceutical society of Great Britain v Storkain?
1986
What case happened in 1986?
Pharmaceutical society of Great Britain v Storkain
What happened in the case of Pharmaceutical society of Great Britain v Storkain (1986)?
The defendant was a pharmacist who unknowingly prescribed drugs on the basis of a forged prescription. He was convicted under the Medicine act 1986
What’s the outcome of Pharmaceutical society of Great Britain v Storkain (1986)?
He was convicted under the medicines act 1968
What is strict liability?
When the prosecution is relieved of the need to prove the men’s rea, they only have to prove the actus reus
