Strict Liability Offences Flashcards
What are most SLO?
Summary offences
SLO need to be distinguished from what?
Absolute liability offences and state of affairs
What are absolute liability offences?
Those in which offences are committed but they are involuntary
What is a case example of an absolute liability offence?
R V Larsonneur 1933 and Winzar V chief constantly of Ment 1983
What is R V Larsoneur about?
D went back to Ireland when her permission to be in the uk expired so the police brought her back
What is Winzar V Chief Constable of Kent about?
D was convicted of being drunk on the highway, he was taken to hospital because they thought he was ill but just drunk, he refused to leave and so they took him to the police car and was found guilty of being drunk on the highway because the car was on the road
You will be guilty of a SLO if the courts decide what?
That the offence does not require the prosecution to prove MR for at least part of the AR then the offence is one of strict liability
What is the case R V Prince about?
D was charged under s55 OAPA 1861 because he unlawfully took an unmarried girl under the age of 16 without parental consent. It did not matter that she thought he was 18
Despite not being to blame, D can still he convicted for bringing about prohibited consequences. Which case demonstrates this?
Callow V Tillstone 1900
What is callow V Tillstone about ?
D, a butcher asked a vet to examine a carcass to check it was fit for human consumption . The vet said it was fine and so he sold it. The vet had been negligent and it turns out it wasn’t fit for human consumption. D was convicted for exposing unsound most for sale even though he had exercised due care and had taken reasonable steps to not commit the offence .
Under which act is D criminally liable for drink driving even if he was unaware that his drink was spiked?
S.4 Road Traffic Act 1988
Some SLOS are common law offences such as outraging public decency. Which case demonstrates this?
Gibson V Sylveire 1991
What was Gibson and Sylveire 1991 about?
Gibson created an art exhibition of a model head with earrings which were made out of real freeze dried human foetuses
Which case is about protection against the selling of unfit food?
Smedleys V Breed 1974
What was Smedleys V Breed 1974 about?
Convicted for selling peas some of which had caterpillars in. Case went to HL which ruled that all producers should take reasonable care
Which case is about protection against pollution?
Alphacell V Woodward 1972
What was Alphacell V Woodward 1972about?
A firm was unaware that it’s pumps had been obstructed. Pollution entered a river and they were convicted
Which case is about protection against unlawful weapons?
R V Howells 1977
What is R v Howells 1977 about?
D was convicted for failing to obtain a firearms certificate despite the fact that he believed his gun was just an antique
How is it decided if Mr is needed or not?
It is left up to the courts to decide by statutory interpretation
What are strict liability offences?
SLO are offences that do not require men’s Rea
Which case started with the presumption that MR is required but went on to consider 4 other factors?
Gammon (Hong Kong) Ltd v AG of Hong Kong 1984
What 4 things did Gammon (Hong Kong) Ltd v AG of Hong Kong 1984 decide were important to consider?
Presumption of Mr can be displaced by a judge if this is clearly or by implication the effect if the words of the act
The presumption is particularly strong where the offence is a “truly criminal” offence
The presumption can be displaced if the act is conceited with an issue of social concern or public safety
Strict liability should only apply if it will help enforce the law by encouraging greater vigilance to prevent a prohibited act from being carried out
What are quasi criminal and truly criminal acts?
Acts against the consumer / trade
Acts that cause physical harm or loss or immoral
Quasi criminal are more likely to be given SLO because there would be a lot of stigma attached if a truly criminal cases where SLO
What is a case example of a quasi criminal case?
Harrow LBC V Shah 1999
What is Harrow LBC V Shah 1999 about?
Harrow sold a lottery ticket to a 13 year old boy. Case went to appeal. Not truly criminal therefore one of strict liability
What is a case example of truly criminal?
B v DPP 2000
What is B v DPP 2000 about?
15 year old boy asked a 13 year old girl to give him a shiner on a bus. He thought she was only he was charged under the Indecency with Children Act 1960. The HL quashed his conviction because he needed MR
If a section of an act is quiet on MR what will the courts do?
Look at other sections
Which act and case demonstrated that courts will look at other sections to discover MR?
S58.2 Medicine Act -1986
Storkwain
If a section says nothing about MR, what will the courts use?
Extrinsic AIDS
What words would mean it is not an SLO?
Knowingly
Intentionally
Permitted
A person or company may be liable for a SLO if it is under the principle of what?
Vicarious Liability
Which case demonstrated vicarious liability ?
Harrow LBC v Shah 1999
What was Harrow LBC v Shah 1999 about?
Shah did not sell the lottery ticket nor was on the premises but he had instructed his staff not to sell them. One did and Shah was vicariously liable
Which case demonstrated you can be liable if you prescribe drugs to someone without knowing the signature had been forged?
Pharmaceutical Society of GB v Storkwain LTD 1986
No defence is available even if an honest mistake has been made. This was decided in which case?
Cundy v ale Cocq 1884
What is Cundy v ale Cocq 1884 about?
He sold alcohol to someone who was drunk but he didn’t know he was drunk. Still liable
In which case was there no way D could’ve known person who was sold drink was a police officer?
Sherras v De Rutzen 1895
What was Clinton 2012 about?
V told D that she was having an affair the day before. On the day of her death they began to argue. V told D in details accounts of their sexual activities . She taunted him knowing full well that he had been looking at Suicide websites . V told D he could have their children. D killed v
What is the third trigger and what section is it?
The normal person test s54.1c
Only if a qualifying trigger does apply, what test is applied?
A person of D’s gender and age, with a normal degree of tolerance and self- restraint , in the circumstances of D , might react in the same or similar way
The third trigger can be broken down into two parts - what are they?
Standard of self control
Gravity of the provocation
For standard of self control , what characteristics are taken into consideration?
Gender and age
S54 1c
Which case confirmed that only gender and age were to be taken into consideration?
DPP V Camplin 1978
In what case was it decided that if D was intoxicated then it was irrelevant?
Asmelash 2013
Under what section is circumstances laid out under?
S54 (3)
For circumstances we can include what ?
Characteristics
What is Hill 2008 about?
D was sexually abused as a child , when v tried to abuse him , he suffered a loss of control and killed v
In what case was it decided that the defence will fail if the ordinary person would not have acted in a same or similar way?
Van Dongen 2005
