Strict Liability

Question 1

Principle of Strict Liability

Answer 1

Strict liability offences can be committed without mens rea

Quasi-criminal

Question 2

Explain the Gammon criteria

Answer 2

Presumption of mens rea may be displaced where the offence is quasi-criminal as opposed to truly criminal.

Question 3

What was decided in case of B v DPP [2000]

Answer 3

The more severe the penalty the stronger the presumption of mens rea

Question 4

Aims of strict liability

Answer 4

Encourage a higher standard for business

Keep society protected by regulating activities involving danger to public health, hygiene, safety and morals

Question 5

Case of vicarious liability

Answer 5

Harrow LBC v Shah [1999]

Employer liable for employee who sold lottery ticket

Due diligence defence

Question 6

Two cases of strict liability

Answer 6

Blake [1997]

Radio station without license interfere with emergency signals

Jackson [2006]

Unlawful low flying a danger to public

Question 7

Four reasons for strict liability

Answer 7

Deter companies from breaking the law in the pursuit of profit

Trial process longer if proof of mens rea required

Saves time and money

Easier to regulate conduct and impose law

Question 8

Three reasons against strict liability

Answer 8

Fines don’t act as a deterrent

Difficult to identify cased

Controversial against basic mens rea principle of criminal law

Question 9

Call for reform?

Answer 9

Law Commission report

Should it ne negligence

Make food and lottery civil offences