Strict Liability Flashcards
Mens rea
No mens rea is required
Actus reus
Completion of act is enough
Sweet
Rented house to students who grew pot. Did not matter that he did not know what what going on as he was still liable
Callow
Sold contaminated meat. D had it checked by a vet, this doesn’t matter as completion of actus reus is enough
- No defence of
Due dilligence
Shah
Sold lottery ticket to person underage. It doesn’t matter that the owner trained staff not to do this.
- No defence of
Mistake
Cundy
Selling alcohol to a drunk person
What test is applied when the statute is unclear?
The Gammon Test
1.
Presume mens rea
2.
Look at words in Act
3.
Is the offence a true crime or quasi crime?
true crime vs quasi crime
true crime = carries an impoisonment
quasi crime = more likely to be SL and are regulatory in nature
4.
How dangerous is the activity
5.
Will it promote higher standards of sefety/law?