Strict Liability

Question 1

give an example of strict liability

Answer 1

pharmaceutical society of GB v storkwain ltd 1986

Question 2

what is absolute liability

Answer 2

no MR needed at all AND AR need not be voluntary, IE larsonneur 1933

Question 3

what is strict liablity

Answer 3

no mens Rea for at least part of the AR

Question 4

What cases illustrate that mens Rea may be required of one part of an offence, but another may be SL

Answer 4

Prince 1875

hibbert 1869

Question 5

give an example of a no fault conviction

Answer 5

Callow v Tilstone 1900

Question 6

what is the no ‘due diligence’ defence

Answer 6

no defence if an act of P doesn’t allow it even if Ds took all possible care(harrow abc v shah and shah 1999)

Question 7

what is no defence of mistake

Answer 7

saying something was a mistake is not a defence (cundy v le cocq 1884)

Question 8

where does strict liability legislation come from

Answer 8

statutes with the exception of criminal libel, public nuisance and outraging public decency (Gibson 1991)

Question 9

what will courts try and presume/find in a SL case

Answer 9

a mens Rea unless P has expressly/implied there is none.. This was made clear in Sweet v Parsley 1969

Question 10

what are regulatory offences referred to as

Answer 10

quasi crimes and affect large areas of life like selling food or selling alcohol (callow) and (cundy)

Question 11

what happens in SL if the offence carries a penalty of imprisonment

Answer 11

more likely to be considered truly criminal and therefore more likely to presume MR (B v DPP 2000)

Question 12

issues with social concern SL

Answer 12

when MR can be displaced. Issues include:

-SL becomes justified with many offences like food, drink, pollution, unlicensed broadcasting (Blake 1997)

Question 13

how does the court see if SL applies

Answer 13

• presumption of MR
• Looking at rest of act
• quasi criminal offences
• penalty of imprisonent
• issues of social concern
• would the offence support promotion of law

Question 14

advantages of SL

Answer 14

• aimed at protecting the public which is more important than ds individual rights
• encourages higher standards as risk of conviction
• easier to enforce
• saves court time
• due diligence defence where appropriate
• lack of blameworthiness can be taken into account

Question 15

disadvantages of SL

Answer 15

• imposes liability on those not blameworthy (Harrow 1999)
• unaware of risks will still make you guilty (guilty of a consequence happening even if unaware of risk- environment agency 1998)
• no evidence that it improves stds
• contrary to HR (R v G 2008- guilty even yhough genuinely didn’t think the girl was underaged)
• some carry social stigma (ie r v g 2008, g was put on sex offenders registry.)

Question 16

proposals for SL reform

Answer 16

• P should expressly state whether offence is SL
• Draft criminal code suggested this could be done by including a presumption of MR in code.
• requiring all offences to have due diligence defence
• no offence carrying imprisnment should be sl
• removing regulatory offences from criminal system but wouldn’t apply to mainstream offences like sex offences act 2003