Strict Liability

Question 1

What is strict liability

Answer 1

Crimes for which no mens rea needs to be established just the actus reus

Question 2

When did strict liability begin and why

Answer 2

Industrial revolution to protect workers rights as it was difficult to establish employers intent

Question 3

How do courts establish if it’s a crime of strict liability today

Answer 3

Look at the words of the statute - might explicitly say it’s a crime of strict liability eg statutory rape laws sexual offences act 1956
Sweet v Parsley 1970
Gammon (Hong Kong) ltd v ag for Hong Kong (1985)

Question 4

What is an example of a statute which explicitly says it is a crime of strict liability

Answer 4

Sexual offences act 1956 statutory rape laws

Question 5

What case happened in 1970

Answer 5

Sweet v parsley

Question 6

What case happened in 1985

Answer 6

Gammon (Hong Kong) ltd v ag for Hong Kong (1985)

Question 7

What happened as a result of sweet v parsley 1970

Answer 7

It was established that unless the statute explicit says the case was one of strict liability men’s rea must be established

Question 8

What happened in the case of sweet v parsley 1970

Answer 8

The defendants rented out a house and rarely visited it was later found the tenants smoked marijuana there. She was initially found guilty under the dangerous drugs act 1965 but her appeal was quashed because it was harsh and said a crime can be of strict liability if it says in the statute

Question 9

What was established in Gammon (Hong Kong) ltd v ag for Hong Kong (1985)

Answer 9

Presumption of men’s rea
Particularly strong if truly criminal
Can be negated if says in statue it’s a crime of strict liability
Or if it’s a case of public safety
Or if it will promote the objects of the statute

Question 10

Rhyme for remembering Gammon (Hong Kong) ltd v ag for Hong Kong (1985)

Answer 10

Polly - presumption 
Can't - truly criminal 
Suck - negate if says in statute 
Peters - public concern 
Penis - promotes objects of statute

Question 11

Main purpose of strict liability

Answer 11

Public policy

Question 12

Briefly reasons for strict liability

Answer 12

Easy to prove - quick, can be done by post, less time in court, intent can be difficult to establish avoids that
Deterrent
Protects public

Question 13

Reasons against strict liability

Answer 13

Harsh unfair
Can ruin reputations
(Callow v Tillstone)
Does bro necessarily act as a deterrent - Brett, 900 inspectors for 600,000 businesses
Easier for companies to pay fines than change bad practices

Question 14

What happened in case of callow v Tillstone (1900)

Answer 14

A man was prosecuted for selling meat unsuitable for human consumption despite the vet certified the meat as safe

Question 15

When was callow v Tillstone

Answer 15

1900

Question 16

What case happened in 1977

Answer 16

R v hallowes

Question 17

What happened in case of R v hallowes 1977

Answer 17

A man was convicted of not having a license for a gun despite the fact he had no intention of using it and didn’t know he needed one

Question 18

Explain case of G 2000

Answer 18

In this case argued it was a breach of article 8 innocent until proven guilty

Question 19

What case happened in 1972?

Answer 19

Alpha cell v Woodward

Question 20

What happened in case of alpha cell v Woodward 1972

Answer 20

Convicted of polluting a river under rivers act 1951 (despite the fact it wasn’t his fault the pollution wasn’t his fault as the pipe was dislodged)

Question 21

Case relevant to protection of public

Answer 21

Warner v mpc (1969) - drugs

Alphacell v Woodward - pollution

Question 22

When was Warner v mpc

Answer 22

1969

Question 23

What happened in case of Warner v mpc

Answer 23

Sold perfume one box contained drugs he wasn’t aware of but was prosecuted