Strict Liability Flashcards

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1
Q

Mens rea

A

No mens rea is required

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2
Q

Actus reus

A

Completion of act is enough

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3
Q

Sweet

A

Rented house to students who grew pot. Did not matter that he did not know what what going on as he was still liable

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4
Q

Callow

A

Sold contaminated meat. D had it checked by a vet, this doesn’t matter as completion of actus reus is enough

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5
Q
  1. No defence of
A

Due dilligence

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6
Q

Shah

A

Sold lottery ticket to person underage. It doesn’t matter that the owner trained staff not to do this.

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7
Q
  1. No defence of
A

Mistake

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8
Q

Cundy

A

Selling alcohol to a drunk person

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9
Q

What test is applied when the statute is unclear?

A

The Gammon Test

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10
Q

1.

A

Presume mens rea

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11
Q

2.

A

Look at words in Act

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12
Q

3.

A

Is the offence a true crime or quasi crime?

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13
Q

true crime vs quasi crime

A

true crime = carries an impoisonment

quasi crime = more likely to be SL and are regulatory in nature

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14
Q

4.

A

How dangerous is the activity

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15
Q

5.

A

Will it promote higher standards of sefety/law?

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16
Q

State the law

A
No MR required, sweet
Completion of AR is enough to be guilty, callow
No defence of due diligence, Shah
No defence of mistake, cundy
Gammon test
1.  Presume mens rea 
2. Look at words in act 
3. Is the offence a true or quasi crime?
4. How dangerous is the activity?
5. Will it promote higher standards of safety/law