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 Quasi crimes
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
What case supports that strict liability aids the protection of public morality?
R v Lemon (1979)
What is the case of R v Lemon relevant too?
That strict liability helps protect public morality
What case happened in 1979?
R v lemon
In what year was the case of R v Lemon?
1979
What happened in the case of R v Lemon (1979)?
Gay news published a poem and some drawings depicting various acts of sodomy on the crucified body of Christ. He argued he did not intend for the material to be blasphemous
What was the outcome of R v Lemon (1979)?
It was held irrelevant he did not intend for the material to be blasphemous and strict liability was imposed
What case supports that strict liability helps to protect the public from social dangers such as drugs and unlawful weapons?
Howells (1974)
What is the case of Howells (1974) relevant too?
That the imposition of strict liability protects social dangers such as drugs and unlawful weapons
What case happened in 1974?
R v Howells
In what year was the case of R v Howells?
1974
What happened in the case of R v Howells (1974)?
The defendants conviction for not having a firearm certificate was upheld despite the fact the gun was an antique and he did not need to have one
What attitude do the courts have to social dangers and strict liability?
They have a harsh approach
When can the imposition of liability on offences not be justified?
If it results in a loss of Liberty, this leads to punishment of the innocent
When was there a loss of liberty as strict liability was wrongly imposed?
Sweet v Parsley (1970)
What case happened in 1970?
Sweet v Parsley
In what year was Sweet v Parsley?
1970
What happened in the case of Sweet v Parsley (1970)?
The defendant sublet her house and only visited occasionally to collect the post and rent. After being provided with information the police searched the house and found lsd and cannabis
What was the outcome of the case of Sweet v Parsley (1970)?
Initially she was found guilty of managing a premises where were used for the consumption of drugs contrary to the dangerous drugs act 1965. On appeal the House of Lords quashed her conviction as it was too harsh
What is the case of G (2008) relevant too?
The argument that strict liability is a breach of article 6 of the human rights act 1998
What year was the human rights act?
1998
What year was the dangerous drugs act?
1965
What year was the Rivers (prevention of pollution act)?
1951
What year was the medicines act?
1968
What case was in 1951?
Rivers (prevention of pollution act)
What act was in 1968?
The medicine act
What act was made in 1998?
The human rights act
What act was made in 1965?
The dangerous drugs act
What happened in the case of G (2008)?
A 15 year old bit has consensual sex with a 12 year old girl. He was charged with the rape of a girl under 13. He argued he believed her to be 15.
What case happened in 2008?
G
In what year was the case of G?
2008
What was the outcome of G (2008)?
The belief and her consent was deemed irrelevant, the sexual offences act 2003 declared the case one of strict liability.
What act was made in 2003?
Sexual offences act
In what year was the sexual offences act made?
2003
What are quasi crimes?
Trivial offences which carry little or no stigma (otherwise known as regulatory offences)
What is an example of a quasi crime?
The road traffic accident act 1984
What act was created in 1984?
The road traffic act
In what year was the road traffic act created?
1984
Why is strict liability good for quasi crimes?
Strict liability regulates such areas without being harmful to the individual
Briefly, how do courts determine if a crime is one of strict liability?
They look to the wording of the statute
They look at Gammon ltd v A.G of Hong Kong (1985)
What proposed reforms strict liability?
Draft criminal liability (mental element) bill 1978
What did the Draft criminal liability (mental element) bill 1978 propose?
That parliament should set out in the legislation if it is a strict liability offence or not. This would prevent confusion and inconsistencies
What case happened in 1985?
Gammon ltd v A.G of Hong Kong
When was the case of Gammon ltd v A.G of Hong Kong?
1985
What does the case of Gammon ltd v A.G of Hong Kong (1985) set out?
When the court can and cannot rebut the presumption of men’s rea:
1) the presumption is particularly strong where the offence is truly criminal in character
2) it can be displaced of the situations is one where statute is concerned with with social concerns or public safety
- but this only applies of impairing strict liability will promote the objects of the statute
3) it’s more likely to be imposed if it’s a regulatory offence
What what circumstances is strict liability less likely to be imposed?
1) the presumption is particularly strong where the offence is truly criminal in character
When is strict liability more likely to be imposed?
2) it can be displaced of the situations is one where statute is concerned with with social concerns or public safety
- but this only applies of impairing strict liability will promote the objects of the statute
3) it’s more likely to be imposed if it’s a regulatory offence
When courts look at statute what do they do?
Look to see if the statute contains words such as knowingly or intentionally or recklessly. If these words are present its suggests mens rea is required. If not then strict liability could be imposed
What suggests a statute requires the prosecution to prove mens rea?
Words such as intentionally, recklessly or knowingly
What is the purpose of the due diligence defence?
To allow the defendant to be acquitted if they have genuinely not been negligent and have taken complete care
What defence can allow people to be acquitted of a strict liability offence?
Due diligence defence
What defence is unavailable for strict liability offences?
The defence of mistake
What case illustrates that the defence of mistake is unavailable for crimes of strict liability?
Cundy v Le Cocq (1884)
What does the case of Cundy v Le Cocq (1884) illustrate?
That the defence of mistake is unavailable for crimes if strict liability
In what year was the case of Cundy v Le Cocq?
1884
What case happened in 1884?
Cundy v Le Cocq (1884)
What happened in the case of Cundy v Le Cocq (1884)?
The defendant was convicted of selling alcohol to a drunk person even though it was not obvious the customer was drunk
What case is relevant to the defence of due diligence?
Tesco LTD v Nattrass (1972)
What is the case of Tesco LTD v Nattrass (1972) relevant to?
The due diligence defence
What case happened in 1972?
Tesco LTD v Nattrass
In what year was the case of Tesco LTD v Nattrass?
1972
What happened in the case of Tesco LTD v Nattrass (1972)?
Radiant washing powder had been advertised on sale at a cheaper price that it actually was. This was due to the negligence of the store manager who has not checked the shelves properly, due diligence defence was allowed
