Strict liability (No fault liability) Flashcards
What do we mean by fault?
Someone has done something wrong for which they are to blame
What does no fault liability mean?
Liability where the D is not at fault
What is another phrase for no fault liability?
Strict liability
What element is not needed in order to prove liability under strict liability crimes?
Mens rea
Give some examples of strict liability crimes.
Smedley v Breed
London Borough of Harrow v Shah
Callow v Tillstone
Alphacell v Woodward
Most driving offences
Summarise Smedley v Breed
Caterpillar in the tin of peas
Summarise London Borough of Harrow v Shah
Selling lottery ticket to an underage boy
Summarise Callow v Tillstone
Sale of unfit meat
Summarise Alphacell v Woodward
Allowing pollution into a river
What are the reasons for strict liability?
Deal with regulatory as opposed to “truly criminal” offences
Protect the public by dealing with social concerns by encouraging people to follow regulations
To save time in court (driving offences)
With no requirement for MR what can the D not use as a defence? What case?
The fact that they acted by mistake.
Cundy v Le Cocq (1884)
Summarise the facts of Cundy v Le Cocq (1884)
D charged with selling intoxicating liquor to a drunken person
D had not realised the customer was drunk as they were ‘quiet in demeanor’
Still liable as SL
Sometimes where statutes stayes that crimes are SL, what type of defence is available for SL?
Due diligence
However statutes are very inconsistent in stating whether a due diligence defence is available or not.
What is due diligence?
The D will not be liable if they have done everything within their power to stop the offence taking place.
How did SL come into being?
Originally created during Industrial Revolution to prove guilt in business related offences.
Why did SL come into being?
Protection of workers needed.
It was hard to prove that factory owners had intent.
During the Industrial Revolution what were magistrates often also?
Factory owners
How was SL successful in factories?
When mens rea did not have to be proved then factory safety improved.
There are almost no common law offences which are SL. What are the three exceptiond?
Public nuisance
Criminal libel
Outraging public decency
How many statutory laws are SL?
Almost half of all of them.
What are these SL statutory laws like in nature?
Regulatory (hold you to the rules)
What are SL statutory laws sometimes called?
‘quasi crimes’
What is the problem with Parliament’s intention around SL?
Statues often left it unclear whether Parliament intended crimes to be SL or not
Who has to decide if crimes are SL or not when the statute is unclear?
The courts based on their interpretation of the Act.
When was Sweet v Parsley?
1970
Summarise Sweet v Parsley
Mrs Sweet let out college to students who used it to smoke cannabis
Visited rarely-didn’t know of drug-taking
Was Mrs Sweet guilty for the crime of managing a property used for illegal drug taking?
No-she was acquitted (discharged) from this crime
Why was Mrs Sweet not convicted for the crime?
It was decided that an element of mens rea was needed for there to be conviction for this crime.
What is the principle deriving from Sweet v Parsley?
Where it is unclear in a statute, the courts starting assumption is that there needs to be mens rea for liability, especially where the action is “truly criminal”