Strict liabilty Flashcards
What is strict liability?
They are crimes that only require the Actus Reus and not any Mens Rea
Why was strict liability offences originally created?
To make it easier to prove guilt for business-related offences
Why is Sweet v Parsley a relevant case even though it is not one of strict liability?
The judges decided that it need some Mens Rea to be acquitted of the crime of keeping cannabis in the household.
What case sets out the general criteria for strict liability?
Gammon (Hong Kong) Ltd v Attorney-General for Hong Kong (1985)
What are the five things the judges consider when imposing strict liability in a crime
- The presumption of Mens Rea
- Truly criminal
- Statute must clearly exclude Mens Rea
- Only for public safety or concern
- Encouraging greater vigilance
What happened in Alphacell v Woodward?
Paper-makers spilt polluted water into a river and was convicted even though the event could not be predicted, so this encourages greater vigilance in businesses.
What happened in Smedleys v Breed?
the defendant business was guilty under the Food and Drugs Act 1995 for one of their can of peas containing a caterpillar, they was charged even though all reasonable care was taken.
What happened in London Borough of Harrow v Shah?
The courts made it illegal to sell a lottery ticket to someone under 16, it was made that selling a ticket to someone under 16 was strict liability because it was of public concern and safety (gambling)
