Strict Liability all cases Flashcards
B V DPP
A) Facts
B) Principles established
A: Indecent assault on a minor with a potential custodial sentence and registration as a sex offender. (Harrow boy asks a minor for a blowjob)
B) If it is – true crime , severe punishment, social stigma – MENS REA presumed.
R v Blake
A) Facts
B) Principles established
A) Making an illegal, unlicensed radio broadcast ( public interest: there is no interference with public broadcast & emergency transmission )
B) That social concern (potential danger to public health, morals and safety) issues require strict liability
Alphacell v Woodward
A) Facts
B) Principles established
A) Pollution caused by leaves blocking a pump unknown to company (public interest: water supply is protected )
B) That social concern (potential danger to public health, morals and safety) issues require strict liability
Sweet v Parsley
A) Facts
B) Principles established
A) Old lady charged with management of premises for purposes of consuming drugs – she was unaware those renting her property were doing so.
B) – potential custodial sentence – true crime – mens rea presumed. (where an act does not indicate the need for mens rea they assume mens rea is required)
Callow v Tillstone
A) Facts
B) Principles established
A) Exposing unsound meat for sale – the butcher had asked state vet to check the meat before sale but was still liable (no due diligence)
B) (Public interest – importance of food standards ) strict liability, Social concern and no due diligence.
R v Gibson & Sylverie
A) Facts
B) Principles established
A) Outraging public decency (human made earring)
B) extreme public indecency is a rare COMMON LAW strict liability offence!
R v Howells (1977)
A) Facts
B) Principles established
A)Possession of a firearm without a licence (thought it was an antique)
B) – strict liability but carries a custodial sentence!
Harrow LBC v Shah and Shah
A) Facts
B) Principles established
Pharamaceutical society of GB v Storkwain or Strokwain case
A) Facts
B) Principles established
R v Larsonneur
A) Facts
B) Principles established
WInzar V chief Constable of Kent
A) Facts
B) Principles established
Cundy v Le Cocq
A) Facts
B) Principles established
Sweet v Parsley
A) Facts
B) Principles established
Alphacell v Woodward
A) Facts
B) Principles established
AG v Frail
A) Facts
B) Principles established
Sherras V Dekutzen
A) Facts
B) Principles established
R v Prince and R v Hibbert
A) Facts
B) Principles established
Gammon (HK) LTD v AG (HK)
A) Facts
B) Principles established