STRICT LIABILITY Flashcards
Arguments in favour of Strict Liability…
Deterrent value
Easier enforcement in promotion and safety
Difficulty in proving Mens area
No threat to liberty
Arguments against Strict Liability…
Injustice- the decision on whether to prosecute becomes critical.
Inconsistent Application
Defence on Due Diligence
What are Strict Liability Offences?
No intention is involved.
Do not require Mens Rea or Mens Rea to attach to an element of the Actus Reus.
Examples of Strict Liability offences…
Minor Offences
Regulatory Offences
Road Traffic Offences
What is the case Gammon (Hong Kong) Ltd v Attorney General (1985)?
The defendants were involved in building works in Hong Kong. Part of a building they were constructing fell down, and it was found that the collapse had occurred because the builders had failed to follow the original plans exactly. The Hong Kong building regulations prohibited deviating in any substantial way from such plans, and the defendants were charged with breaching the regulations, an offence punishable with a fine of up to $250,000 or three years imprisonment. On appeal they argued that they were not liable because they had not known that the changes they made were substantial ones. The Privy Council held that the relevant regulations created offences of strict liability, and the convictions were upheld.
What is the case B (a minor) v DPP (2000)?
A 15-year old boy had sat next to a 13-year-old girl and asked her to give him a ‘shiner’. The trial judge observed that this means oral sex. The boy was charged with inciting a child under the age of 14 to commit an act of gross indecency. Both the trial judge and the Court of Appeal ruled that this was strict liability offence and that there was therefore no defence available that the boy believed the girl to be over 14. HOL confirmed that there was a presumption that Mens Rea was required and ruled that the relevant offence was not actually one or strict liability.
What is a Regulatory Offence?
No real moral issue is involved and usually one for which the maximum penalty is small.
What is the case R v G (2008)?
In reference to S.5 of the Sexual Offences Act 2003.
A man had sexual intercourse with a child under the age of 13. The defendant was 15 at the time of the alleged incident. The victim lied about her age. The House of Lords still found the defendant liable because his mistake about her age was irrelevant as it is a strict liability offence.
What is the case Alphacell v Woodward (1972)?
Cause
The defendants were a company accused of causing polluted matter to enter a river. They were using equipment designed to prevent any overflow into the river but when the mechanism became clogged by leaves the pollution was able to escape. There was no evidence that the defendants had been negligent or even knew that the pollution was leaking out. The House of Lords started that where statutes create an offence of causing something to happen, the courts should adopt a common sense approach- if reasonable people would say that the defendant has caused something to happen, regardless of whether he or she knew this, then no Mens Rea is required.
What is the case Environment Agency v Empress Car Co (Abertillery) Ltd (1999)?
Cause
The HOL held that the defendant’s factory had caused pollution, despite the fact that an unknown third party had turned on a tap releasing the pollution into the water.
What is S.5 (1) (b) of the Firearms Act 1968?
A person commits an offence if, without the authority of the Defence Council… he has in his possession… any weapon of whatever description designed or adapted for the discharge of any Noxious liquid, gas or other thing.
What is the case R v Deyemi (2007)?
The defendants had been found in possession of an electrical stungun which they claimed to have mistaken for torch. The offence was interpreted as a strict liability offence and so it was irrelevant if they had made a mistake.
What is the definition of Knowingly?
Indicates that Mens Rea is required.
What are crimes of negligence?
Crimes such as gross negligence manslaughter are actually crimes of Strict Liability.
What is Article 6(2) of the ECHR?
Everyone charged with a criminal offence shall be presumed innocent until proven guilty according to law.
