Strict Liability Offences Flashcards
D may not have intention and may have not acted in a voluntarily manner but he/she will still be guilty
R v Larsonneur, Winzar V Chief Constable of Kent 1983
There is a presumption of MR for all offences
R v Prince 1875
There mess to be no proof of fault just that D caused the prohibited consequence
Callow v Tillstone 1900
Outraging public decency case. Art exhibition made from real frozen human foetuses
Gibson & Sylverie 1991
Protection against selling unfit foods
Smedley V Breed 1974
Protections against pollution
Alphacell V Woodward 1972
Protection against unlawful weapons
R v Howells 1977
Protections against dangerous drugs, illegal broadcasts
Blake
Protection against unsafe buildings
Gammon (Hong Kong) Ltd V AG of Hong Kong 1984
An example of a quasi criminal offence. Due diligence no defence for SLO. A person or even a company, without MR, may be liable for the criminal acts of another under the principle of vicarious liability
Harrow LBC v Shah
If act says possession, it will be SLO
Warner v MPC
If the act says cause, it will be SLO
Empress Car Co
If act says knowingly, intentionally, permitted, it will not be SLO
James & Son v Smee
D must be shown to have subjectively appreciate to the health or property of another but carrier on in any event before being criminally liable
R v G
Lotto rapist. D given life sentence. On day of release in 2004. He won £7 million on lottery. V who was not originally suing then decided to sue. It was rejected due to six year limit
R v Hoare
No defence of mistake available for a SLO when D has made an honest mistake
Cundy v Le Cocq 1884
Sold alcohol to on duty plod. Local police, when on duty wore an armband on their uniform. Plod had removed armband after entering pub. D’s daughter served officer thinking he was off duty. Honest mistake did provide D with defence
Sherras v De Rutzen
