Strict Liability Offences

Question 1

Harrow LBC v Shah 1999

Answer 1

Sold 13yr lottery ticket because he looked older

QBD directed a conviction- not truly criminal so one of SL

Question 2

B v DPP 2000

Answer 2

Thought a girl was over 14yr and asked for oral sex
HOL quashed- MR required
Charged with truly criminal offence

Question 3

Storkwain LTD 1986

Answer 3

Chemist convicted of supplying drugs without a valid prescription
Didn’t know signature was forged

Question 4

Warner v MPC

Answer 4

Had drugs and thought it was perfume

Possessing/using/causing- no MR so SLO

Question 5

Empress car co.

Answer 5

Caused river pollution even though tap on diesel was opened

CAUSE- SLO

Question 6

James and Son v Smee

Answer 6

Defective breaks on car

Knowingly/intentionally/permitted- not SLO MR is required

Question 7

R v G 2008

Answer 7

Had sex with 12yr thought she was also 15
s5 sexual offences act- rape of a child under 13
Went to HOL on point of public importance
Kept at SLO to protect children

Question 8

Blake 1997

Answer 8

Using station for wireless telegraphy without a licence
s1 WTA
didnt know he was transmitting
Convicted of SLO- protection of illegal broadcasts

Question 9

Cundy v Le Cocq 1994

Answer 9

Sold alcohol to drunk- didnt know he was drunk

Conviction upheld- liable once the sale had taken place

Question 10

Sherras v De Rutzen 1985

Answer 10

On duty PC removed arm band
D convicted of selling alcohol to on duty PC
Divisional court quashed- not SLO as genuine mistake

Question 11

R v Prince 1975

Answer 11

Unlawfully taking unmarried girl under 16 without concent- believed she was 18
s555 OAPA
Had MR for taking unmarried girl- knowledge of age not required- therefore SLO

Question 12

Callow v Tillstone 1900

Answer 12

Butcher sold meat under negligent vets recommendation- convicted of exposing unsafe meat for sale
SLO- even though he had taken reasonable steps to avoid committing the offence

Question 13

s4 RTA

Answer 13

Statutory

D criminally liable for driving whilst unfit through drink even if he is unaware of his condition (spiked drink)

Question 14

Gibson and Sylveire 1991

Answer 14

Art exhibition- freeze dried human fetuses to highlight how abortion is viewed casually
No MR required- outraging public decency

Question 15

Smedleys v Breed 1974

Answer 15

4 cans of peas containing caterpillars
Protection against selling unfit food
HOL dismissed
Producers should take ALL reasonable care

Question 16

Alphacell v Woodward 1972

Answer 16

Didn’t notice pumps had become obstructed

Convicted on grounds of protecting the public from pollution

Question 17

R v Howells 1977

Answer 17

Didn’t obtain firearm certificate as he thought gun was an antique- protection against unlawful weapons

Question 18

Sweet v Parsley

Answer 18

Rented house to students- found cannabis and charged D

Went to HOL- ruled D had no blameworthiness

Question 19

Gammon LTD v AG of Hong Kong 1984

Answer 19

Builders complying to regulations

Must begin with presumption of MR