Topic 4: Strict Liability Flashcards
What is strict liability?
Offences where mens rea is not required for every part of the voluntary actus reus
What’s the difference between absolute and strict liability?
Strict liability = no mens rea, voluntary actus reus
Absolute liability = no mens rea, involuntarily actus reus
What are the 4 general principles of strict liability?
1) lack of mens rea
2) no need for fault
3) no ‘due diligence’ defence
4) no defence of mistake
What is ‘no mens rea’?
Where the defendant didn’t intend to do it (sometimes the courts decide that this is not required)
What is ‘no fault’?
Where the defendants act is voluntary. However the defendant can be convicted if their voluntary act inadvertently caused a prohibited consequence
What is the ‘no due diligence’ defence?
Where there’s no ‘due diligence’ involved in the Act of Parliament. The defendant will not be liable if they can show that they did all they could not to commit the offence
What is no defence if mistake?
Generally, not available for strict liability offences. Allowed if the mistake was honest
How many of statutory offences are strict liability?
Around half (3,500 offences)
What is the presumption of mens rea?
Where the courts presume that mens rea is required. If Parliament don’t define this then the courts will look for words to suggest it
What are the gammon tests?
Something used to see if the offence is strict liability
Who made the gammon tests?
Privvy council
What are the 4 parts to the test?
Presumption of mens rea can only be displaced if:
1) wording of the act indicates strict liability
2) the offence is truly criminal rather than regulatory
3) stature is removed if the statute is concerned with an issue of social concern or public safety
4) help enforce the law by encouraging greater vigilante to prevent prohibited outcomes
What are quasi criminal offences?
Offences that are only regulatory are not thought of being ‘truly criminal’ (eg. Selling food)
If an offence carries an imprisonment sentence, it…
Is less likely to be treated as a strict liability offence
What is an issue of social concern?
The offence carries ‘a potential danger to public health, safety or morals’.
