strict liability (Strict cases)

Question 1

Describe the leading case? (Gamon)

Answer 1

1. they will presume that every criminal offence requires a mens rea
2. this presumption will be even stronger if the offence is truly criminal
3. the will only be rebutted if the statue either actually says so or the outcome of the section clearly implies it
4. even then it will only be rebutted if it is a matter of social concern (and)
5. by imposing a strict liability it will lead to greater vigilance and prevent the prohibited outcome.

Question 2

describe Lemon and whitehouse v gay news

Answer 2

Published a photo of jesus as a homosexual

blasphemous and criminal libel

Question 3

describe Gibson v Syleveire?

Answer 3

used human head to show earrings in a museum

outraging public decency

Question 4

Describe Cundy v de le Cocq?

Answer 4

d sold alcohol to intoxicated person, was unaware, convicted anyway under strict

Question 5

Sherras v De Rutzen?

Answer 5

d was convicted of unlawfully selling alcohol to policeman, wasn’t convicted as didn’t know he was a police