Strict liability Flashcards
What is strict liability?
Being able to have criminal liability without the element of mens rea
What is the liability equation?
Actus reus + mens rea OR strict liability + absence of defence = criminal liability
Give an example of a strict liability offence
Speeding
What are most s.l crimes considered as?
Regulatory (business crimes, traffic crimes)
Does the defendant need to be aware of a crime taking place?
No such as in Harrow London Borough Council v Shah and Shah 1999 - selling lottery ticket to U 16
Where did the concept of strict liability originate from?
Industrial revolution - health and safety issues around workers - difficult to prove employers intended to treat them badly - parliament removed issue of intent and created s.l
Explain the case pharmaceutical society of GB v Storkwain Ltd 1986…
Supplying drugs without permission from registered medical practitioner as signature was forged even though he believed it to be real
For nearly all S.L offences what must be proved?
The D did the AR and undertook it volutarily
What is absolute liability?
No mens rea is needed at all - involve status offences where the AR is a state of affairs
What case shows absolute liability?
Larsonneur 1933 - foriegn woman asked to leave UK went to Ireland but Irish police deported her and took her to police custody in UK - arrested for being here even though didn’t want to come back
Winzar v Chief Constable of Kent 1983 - drunk in hospital police took him out, arrested for being drunk on highway even though police put him there
Explain the case Smedley’s v Breed 1974
caterpillar got into can of pea’s as looked like one - charged under Contravenes Food and Drinks Act 1955 - automatically liable but acquitted as they did everything they could to not put food out like that
What will the courts always start with?
The presumption that mens rea is required
What 2 cases illustrate the idea of not requiring mens rea?
Price 1875 and Hibbert 1869 - D was charged with having taken and married a girl under age of 16 without fathers permission against his will but he believed the girl was 18
What is a voluntary act and what can it lead to?
An act which inadvertently caused a prohibited consequence leading to a conviction - meaning the D can be totally blameless in respect to the consquence
Explain the case Callow v Tillstone 1900…
Butcher convicted of selling unfit meat even though vet said it was safe - convicted as mattered not how diligent he had been to ensure safety of the meat
What is the defence of due diligence?
Defendant will not be liable if he can show that he did everything within his power not to commit the offence
What defence is not available in strict liability?
Mistake
Cundy v Le Cocq 1994 - sold alcohol to intoxicated person, appellant said he wasn’t aware how drunk the person was - upheld
Sherras v De Rutzen 1895 - sold alcohol to police officer on duty as he has removed uniform. convicted but appealed saying the knowledge of the officer was a requirement of the offence
What are the 2 offences in common law held to be ones of S.L?
Public nuisance
Criminal libel
How many S.L offences are covered by statute?
Around half of all statute law - over 3500
What is the first rule for courts when interpreting an act of parliament in a case that could be one of S.L?
To see if it includes the words ‘knowingly’ ‘intentionally’ ‘maliciously’ or ‘permitting’ - these require MR and cannot be one of SL
When will the courts almost always treat a case as one of SL?
When the act makes it clear that mens rea is not required
What are some acts that create confusion among courts?
Silent on the point if mens rea is required or not
Explain the case Sweet v Parsley 1969…
Teacher letting house out to students, she was barely there, students doing drugs, she was convicted of having a house for the use of illegal drugs purposes, was quashed
Explain the case Gammon LTD v Attorney General of Hong Kong 1984…
Builder deviated from original construction plans of a building, illegal to deviate in a substantial way but he believed it was only a minor change - his belief was irrelevant as courts saw it as more than minor
PRIVVY COUNCIL CASE - NOT BINDING - GAVE CLEAR GUIDEANCE
What were the 5 key principles of SL established in Gammon LTD v AG for Hong Kong 1984…
Presumption of mens rea first
Must be truly criminal
Statute must clearly exclude mens rea
Can only be SL for public safety/concern (Gammon)
Only be applied where it will help enforce the law
What can the wording of an act be?
Difficult to interpret - if silent the courts may look for implied presumption (Storkwain 1986 found other areas of act)
What are offences which are regulatory in nature rather than truly criminal seen to be?
SL cases (traffic crimes, business crimes, speeding) ALPHACALL 1972 - paper makers pollute river and block pipes, only £20 fine as courts noticed it wasn't truly criminal and their fine was putting their damages right
When a case offers imprisonment it is more likely to be seen as truly criminal and not SL for example…
B v DPP 2000 - 14 year old boy next to 13 year old girl on us and repeatedly asked her for oral sex, she refused, he believed she was over 14 - SL conviction quashed as it was a true crime
What are 4 reforms of SL?
No way of knowing whether parliament deliberately decided to make an offence one of SL - been suggested that draft legislation should always consider SL so saves time in court
Other option is to provide defence of due diligence
Offences that carry imprisonment should not be ones of SL
Suggests we should remove regulatory offences from criminal justice system - administrative issues
