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