strict liability

Question 1

definition of strict liability

Answer 1

for some crimes there is no need for prosecution to prove mens rea they are known as strict liability

Question 2

examples of strict liability

Answer 2

• food hygiene
• child protection
• protect the environment

Question 3

smedleys v breed

food hygiene

Answer 3

• Housewife found dead caterpillar in a tin of peas

- The House of Lords said this was strict liability and company was guilty

Question 4

Harrow LBC v Shah and Shah

child protection case

Answer 4

• notices put in the shop stating not to sell any tickets to anyone under 16 but staff member sold one to a boy he was under age even though he seemed older
• guilty, the liability was strict, no mens rea for boy

Question 5

Alphacell Ltd V Woodward

protect the environment

Answer 5

• Company took precautions to prevent nation from it works entering a rivers but pollution did enter
• strict liability applied

Question 6

example of a case where truly criminal matters will not be strict liability offences

Answer 6

Sweet v Parsley

• let rooms to student who smoked cannabis there and they were convicted of managing premises for purpose of smoking
• she had no knowledge but guilty

Question 7

why we have strict liability offences

Answer 7

• protecting the public (pollution)
• protect the young (gambling, into intoxication)
• Standard of care (food pollution)
• saves court time and money as defendant pleads guilty

Question 8

what does a ‘truly criminal offence’ mean

Answer 8

no proof of mens rea is needed