Strict Liability Flashcards
What are the case names for absolute liability
Larson and Winzar
Give the facts for larson and significance
D was an ‘alien’ to the country so they deported him to Ireland, but they brought him back by force. D convicted even though act was not voluntary
Give the facts and significance of Winzar
D was placed on a highway intoxicated with no mens rea by police officers and charged under being intoxicated on the highway. The act of being drunk was voluntary.
what is the main case to outline strict
PSGB v storkwain
what happened in PSGB v storkwain and whats its significance
D was charged providing drugs under a forged signature with no knowledge the signature was forged. The actus reus must be voluntary
What is the case for No due diligence
Harrow LBC v Shah and Shah
what are the facts of Harrow LBC v shah and shah
D told his staff to ID anyone under 16 buying a lotteryticket and his staff sold a ticket to 13 year olds. Even though he took all reasonable steps he was still convicted because due dillegence was a defence not granted. The offence did not require the mens rea.
What are the 4 points in Gammon
In determining whether an offence is strict the courts must consider:
1) Where the crime is truly criminal
2) Of social concern
3) The offence carries a heavy penalty
4) The wording of the act implies strict liability
What is the case for no fault
Callow V tillstone
Butcher got a vet to examine a carcass which was said to be fit for consumption but it was not and D was convicted.
What happened in the case of Prince
Prince took a 16 year old out of her fathers posession believing she was of age but was still convicted because reasonable belief of her being over 18 was not a defence
What case supports defence of mistake
Cundy v Le Corque
what are the facts of cundy v Le corque
D sold a man who was intoxicated alcohol but she was unaware that he was drunk. There was a deliberate failure to refer to mens rea to make an omission and therefore it is one of strict.
why are prince and Hibbert distinguished
Prince intended to take the girl away from her father, hibbert didnt. Hibbert was not guilty because you do not need mens rea to being under age but you need the mens rea to take away from the father.
Give the case and the area of law for absolute liability
Larsonneur and Winzar
These offences do not need proof of mens rea or voluntary actus reus.
Give the cases and area of law for strict liability
Storkwain prince hibbert harrow LBC v shah and shah cundy v le corqe callow v tillstone Mens rea need not to be proved. Proof will NOT be required for one aspect of the mens rea but may be required for another.
