Strict Liablity And Absolute Liability

Question 1

What is strict liability?

Answer 1

The principle of strict liability offences is that the mens rea does not have to be proven for the offence to be committed.
Case- R v Hibbert 1869 and R v Prince 1875

Question 2

What is absolute liability?

Answer 2

No Mens Rea is needed at all. They usually involve ‘status offences’ where the Actus Reus is a ‘state of affairs’. D will be liable because they were found in a certain circumstance.

Question 3

What 2 conditions apply to absolute liability offences?

Answer 3

1. The offence does not require any mens rea
2. There is not need to prove that Ds AR was voluntary.
   Case; Winzar v Chief Constable of Kent 1983 + Larsonneur 1933

Question 4

How do courts determine whether the offence of one of strict liability?

Answer 4

The presumption of MR is always the starting point for the courts and this is an issue for the court to decide; generally, this means that the court will start by assuming that the crime as both MR and AR in order to be guilty.
Sweet v Parsley 1970

Question 5

What are the Gammon Principles? Where did it come from?

Answer 5

It came from the case of Gammon (Hong Kong) LTD v Attorney-General of Hong Kong 1985.
The Privy Council in the case held that the relevant regulations created offences of SI, and the convictions were up held. 5 principles were set out as a result of this;
A) presumption of MR is required.
B) presumption applies to statutory offences
C) offence is truly criminal
D) social concern or public safety issue
E) encouraging greater vigilance

Question 6

What is the presumption of MR? Case?

Answer 6

The courts are looking at whether the statute contains words such as ‘knowingly’ ‘intentionally’ or ‘recklessly’. These words make it clear that MR needs to be proven.
James and Son v Smee 1955

Question 7

What does truly criminal mean? Case?

Answer 7

Offences which are regulatory in nature rather than ‘truly criminal’ are more likely to be seen as one of strict liability. Regulatory offences are referred to as ‘quasi crimes’. These offences usually refer to ones such as food hygiene regulations and environmental regulations.
Case; R v Woodrow 1846

Question 8

What does Social concern or public safety mean? Case?

Answer 8

Social concern can include pollution (Alphacell v Woodward 1972) or the promotion of health and safety (Smedleys v Breed 1974) or offences that have offended and threatened public morality (R v Lemon 1979)

Question 9

What does Greater Vigilance mean? Case?

Answer 9

The courts need to ask whether imposing strict liability will make the law more effective in promoting its objectives.
Case; Warner v MPC 1969