Strict Liability

Question 1

What case illustrates strict liability?

Answer 1

Callow v Tillstone (1900)

Question 2

What case happened in 1900?

Answer 2

Callow v Tillstone

Question 3

In what year was the case of Callow v Tillstone?

Answer 3

1900

Question 4

What happened in the case of Callow v Tillstone (1900)?

Answer 4

A butcher was convicted of selling neat which was unfit for human consumption despite the fact certified the best as safe

Question 5

What types of crimes are often those of strict liability?

Answer 5

Regulatory offences such as food and hygiene or environmental regulations

Question 6

What is the problem with strict liability?

Answer 6

It is extremely harsh and therefore must not be overused

Question 7

Briefly, what are the arguments in favour of strict liability?

Answer 7

Protection against pollution
Promotion of health and safety
Protect public morality
Protection of social dangers such as drugs and unlawful weapons

Question 8

What case illustrates strict liability provides protection against pollution?

Answer 8

Alphacell v Woodward (1972)

Question 9

What case happened in 1972?

Answer 9

Alphacell v Woodward

Question 10

What year did the case of Alphacell v Woodward happen?

Answer 10

1972

Question 11

What happened in the case of Alphacell v Woodward (1972)?

Answer 11

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.

Question 12

What was the outcome of Alphacell v Woodward (1972)?

Answer 12

The court held that knowledge was irrelevant. The fact the actus reus was present was sufficient

Question 13

What did Smith and Pearson state?

Answer 13

Strict liability does induce organisations to aim at higher standards

Question 14

Who contradicts Smith and Pearsons statement?

Answer 14

Brett

Question 15

What does Brett argue?

Answer 15

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

Question 16

What case supports that strict liability promotes health and safety?

Answer 16

Pharmaceutical society of Great Britain v Storkain (1986)

Question 17

What is the case of Pharmaceutical society of Great Britain v Storkain (1986) relevant too?

Answer 17

Promotion of health and safety aided by strict liability

Question 18

In what year was the case of Pharmaceutical society of Great Britain v Storkain?

Answer 18

1986

Question 19

What case happened in 1986?

Answer 19

Pharmaceutical society of Great Britain v Storkain

Question 20

What happened in the case of Pharmaceutical society of Great Britain v Storkain (1986)?

Answer 20

The defendant was a pharmacist who unknowingly prescribed drugs on the basis of a forged prescription. He was convicted under the Medicine act 1986

Question 21

What’s the outcome of Pharmaceutical society of Great Britain v Storkain (1986)?

Answer 21

He was convicted under the medicines act 1968

Question 22

What is strict liability?

Answer 22

When the prosecution is relieved of the need to prove the men’s rea, they only have to prove the actus reus