Strict Liability

Question 1

Explain What is meant by a Strict Liability Offence 11 Marks

Answer 1

Intro

Actus Reus non facit rheum nisi mens sit rea is general presumption that an act does not make a person guilty unless their mind is also guilty.
The nature of Strict Liability Offences is that they are an exception. Prosecution only need to prove that the D performed AR with out knowing it was an offence to establish liability. No Mens Rea element so doesn’t require proof. Despite normal approach of judges to regard MensRea ‘ as unexpressed ingredient of every statutory offence’

• SL appears to contradictory cover the Golden Thread basis of Criminal Law Woolmington 1935 - tend to cover regulatory areas where protection of public outweighs apparent injustice. No breach with ECHR as Article 6 confirmed guilt can be established through prohibited conduct. Salabiaku 1988 and Barnfather 2003.

Distinct between Strict (SL) and Absolute Liability(AL)
SL - voluntarily performed AR but without knowledge that doing so causes illegal outcome Storkwain (1986) voluntarily gave out drugs on forged prescription Shah (2000) sold lottery ticket to underage person
AR- does not need to have been performed voluntarily- nor D to have knowledge of the consequences Larsonneur 1933 involuntarily deaported back to UK in breach of Aliens order.
Rare that SL offences exist in common law