Strict reliability Flashcards
What is a strict reliability offence?
An offence which requires no proof of mens rea for one or more element of the actus reus
What kind of offences are those of strict liability
Mainly regulatory offences, or offences put in place for public protection
Examples of strict liability offences:
Speeding, sale of unfit meat, sale of alchohol
The actus reus usually must be done …
Voluntarily
Principles set out in Gammon
The general presumption of mens rea may be rebutted when:
- The crime is regulatory as opposed to a true crime
- The crime is one of social concern
- The wordings of the act indicate strict liability
- The offence carries a small penalty
Arguments for strict liability offences
- public protection
- promoting enforcement of law
- deterrence
- saves court time + money
Arguments against strict liability offences
- injustice
- may go against human rights
- may not work as a deterrent (e.g. speeding)
- can ruin someone/a businesses reputation
No fault
D’s can still be convicted even when they took all reasonable precautions to avoid the consequence (Callow v Tillstone)
No defence of…
Due diligence or mistake
Sweet v Parsley
Must be presumed that true crimes require mens rea
Shah and Shah
Sale of gambling ticket to boy under 16, thought he was older but they were still convicted
