Strict Liability

Question 1

Pharmaceutical society of Great Britain v storkwain

Answer 1

D was charged under medicines act. Supplied drugs on prescriptions which were found to be forged. Forgery enough to trick him. Still guilty.

Question 2

What is absolute liability give a case

Answer 2

No men’s rea act does not have to be voluntary. D found in a state of affairs.
R v Larsonneur - D French national entered country lawfully limited permission to stay left to go to Ireland where she was deported against her will to U.K. Arrested for being in U.K. without permission

Question 3

Winzar v chief constable of Kent

Absolute liability

Answer 3

D taken to hospital on stretcher found he was not ill but drunk. D told to leave but later found in corridor. Police took d to roadway outside hospital. Charged him with being drunk on a highway.

Question 4

Prince and hibbert

Answer 4

Where offence does not require mr for at least part of the ar then the offences is on of sl
Prince- knew girl he took was in possession of father but believed she was 18. Convicted as he had intention to remove her from her father. Court held knowledge of her age was not required
Hibbert-d met a 14 year old girl on street had sex. Acquitted as it was not proved that he knew the girl was in possession of her father. Age aspect sl but mr needed for removal

Question 5

Callow v tillstone

Answer 5

D can be convicted if he inadvertently caused consequence

No defence of due diligence

Question 6

Harrow London borough council v shah and shah

Answer 6

Ds newsagents sold lottery ticket to someone under 16 without asking for proof of age. 2 Ds were owners not there at the time still guilty

No defence of due diligence

Question 7

Cundy v le cocq

Answer 7

D charged with selling intoxicating liquor to a drunken person. He was quiet in his demeanour. Conviction upheld

No defence of mistake

Question 8

Sherras v de rutzen

Answer 8

D convicted of supplying alcohol to a constable on duty. Meant to wear armband but had taken it off. Divisional court quashed conviction held offence not sl and genuine mistake provided d with a defence

Question 9

3 existing common law offences that are sl

Answer 9

Public nuisance
Criminal libel
Outraging public decency

Question 10

Gibson v syleveire

Answer 10

Outraging public decency held to be sl offence.

Freeze dried human foetuses

Question 11

Sweet v parsley

Answer 11

Where an aop does not include words indicating mr the judges will start by presuming that all criminal offences require mr

Question 12

Gammon case facts

Answer 12

Appellants charged with deviating from building work in a material way from the approved plan

Question 13

Gammon

4 factors givens to be considered when deciding if offence is one of sl

Answer 13

• presumption only displaced is this is the effect of the words in the statue
• presumption particularly strong where the offence is truly criminal in character
• presumption can only be displaced if statue is concerned with an issue of social concern e.g. Public safety
• sl only apply if it will help enforce the law by encouraging greater vigilance

Question 14

Alphacell

Answer 14

Company charged with causing polluted matter to enter s river when pumps they installed failed.
Offence held to be one of SL by HOL because it was of the upmost importance that rivers should not be polluted

Question 15

B v DPP

Answer 15

D 15 yr old boy asked 13 yr old girl to give him oral sex. Believed she was over the age of 14. HOL quashed conviction as MR was required

Question 16

Blake

Answer 16

Transmitting an unlicensed broadcast has been held to a matter of social concern

Question 17

Environmental agency v brook plc

Answer 17

Leakage caused by hidden defect in seal

Question 18

Give 2 ao2 points

Answer 18

No evidence sl leads to businesses taking a higher standard of care
Easier to enforce save courts time and money

Question 19

R v G

Answer 19

Contrary to human rights social stigma as on sex offenders register