Strict Liability Flashcards
Winzar
Absolute Liability
D was taken to hospital, people thought he was ill but he was just drunk.
He was released but police found him on a bench, arrested with being drunk on the highway.
Had no mens rea and actus reus wasn’t voluntary.
Prince
Strict Liability
D believed girl was over 18 and intentions weren’t sinister.
He did have the act of removing her from her farther and didn’t need mens rea. Knowledge of her age was not required.
Hibbert
Strict Liability
D had sex with an underage girl. She was taken from her father willingly.
Knowledge of the girl being in custody of her father wasn’t proved, this was the mens rea required.
Callow v Tillstone
No Fault Strict Liability
Vet assured a butcher that an animal carcass was safe for human consumption. It was in fact the opposite.
The butcher was still convicted even though he was entirely blameless.
Harrow LBC v Shah and Shah
No ‘Due Diligence’ Defence
Staff member of a newsagents sold a lottery ticket to a 13-year-old boy which was illegal. He believed he was over 16 years old and didn’t ask for proof of age.
The defendants were still guilty even though they had done their best to prevent this from happening in their shop.
Cundy v Le Cocq
No Defence of Mistake
D charged with selling intoxicating liquor to a drunken person. Apparently D did not know the person was drunk and there were no indications of intoxication either.
D was convicted, it was held that a sale had taken place and the person served was drunk.
Gibson and Sylveire
Outraging Public Decency
D created an art exhibit containing real human foetuses. The model was put on display in Sylveire’s art gallery. Both men were convicted of outraging public decency.
It was an SL offence as it didn’t have to be proved that either D intended to outrage public decency, or that D was reckless as to whether his conduct would have the effect of outraging public decency.
Sweet v Parsley
Presumption of all criminal offences requires MR
D let out farmhouse to students. The police found cannabis and D was charged.
D did not know cannibal was being smoked there, decided she was not guilty as the court presumed the offence required mens rea.
Alphacell
Quasi-criminal Offences
Company charged with pollution after their installed pumps had failed and caused polluted effluent to overflow into a river.
No evidence that the company knew of this or they had been negligent.
Still guilty of an SL offence as it was of the ‘utmost public importance’ that rivers should not be polluted.
B v DPP
Penalty of Imprisonment
D (15 year old boy) asked a 13 year old girl for oral sex.
He believed she was over 14 but was charged with inciting a child under the age of 14 to commit an act of gross indecency.
His conviction was quashed as mens rea was required for this offence.
Blake
Social Concern
D was recording and broadcasting on a local radio station without a licence.
He could pass on false information or even obscure emergency signals.
He claimed he didn’t know but was still found guilty.
R v G
Contrary to Human Rights
D (as15 year old boy) had consensual sex with a girl he believed to be 15 but was actually 12.
The offence was one of strict liability even though it could lead to a custodial sentence.
