Strict liability

Question 1

Strict liability definition

Answer 1

Offences where men’s rea does not have to be proved for a criminal offence to be committed. Proof of actus reus is sufficient enough for D to be found guilty.

Question 2

Strict liability case of R v Prince

Answer 2

Taking a girl to marry under age of 16 is illegal and men’s rea is needed tocthe taking but not for the aspect of knowledge of age of girl.

Question 3

What is absolute liability

Answer 3

No men’s rea is required for the offence at all. Involve state of affairs cases.

Question 4

Two conditions on absolute liability offences

Answer 4

1) the offence does not require any men’s rea at all

2) there is no need to prove the defendants AR was voluntary

Question 5

Example of Absolute liability cases (state of affairs)

Answer 5

Larsonneur - aliens order

Wizar vs Chief constable of Kent - drunk man moved onto highway

Question 6

There has to be presumption that men’s rea is needed. Shown in Sweet vs Parsley.

Answer 6

School teacher let out her house to students who smoked cannabis. She was unaware of this and charged with the offence under dangerous drugs act 1965 . The statute howeber did not state any requirements of men’s rea.

Question 7

What happened in B vs DPP

Answer 7

Oral sex persistently asked to a 13 year old on a bus but he believed she was older. Question for court was did it matter to a strict liability crime in relation to the age of the victim. Defendants conviction was quashed.

Question 8

What are the gammon principles. Definition.

Answer 8

A set of principles set out after a case of building works in Hong Kong saying they were unknown of substantive al changes to plans.

Question 9

What are the 4 gammon principles

Answer 9

Presumption of men’s rea and the wording of statute

Truely criminal

Social concern or public safety

Greater vigilance