U1B: Strict Liability Flashcards
What are Strict Liability offences?
-Where D is guilty because he has committed the AR voluntarily SO no need to prove any mens rea
How do people generally view Strict Liability AND why?
-Can seem unfair
-BECAUSE D will be guilty even though they had no intention of committing an offence.
What kind of Offences are Striict Liability?
-Usually regulatory offences for public protection + social concern
-Normally statutory offences
How can you know if an offence is one of the Strict Liability?
-Statutes can make it clear which offences are apart of the SL
Which case talked about the presumption of Mens Rea?
-Case of Gammon state
What did the case of Gammon State say about presumption about MR?
CAN be displaced if:
-Presumption= strong, offence is truly criminal
-Statute= concerned with issue of social concern
-Will help enforce the law by encouraging greater vigilance
What is a case example for the offence being truly criminal? (presumption of MR)
-Sweet v Parsley
What are the 4 circumstances that Strict Liability applies to?
-Matters of Public Concern
-Food Safety
-Pollution
-Health + safety
What is a case example of Matters of Public Concern in Strict Liability?
-Harrow LBC v Shah
Why is Food Safety a reason for SL?
TO:
-promote higher standards in such matters as hygiene in processing and selling food.
What’s a case example for Food Safety for SL?
-Smedleys v Breed
Why is Pollution a reason for SL?
TO:
-promote strict regulation of waste disposal in business.
What’s a case example for Pollution for SL?
-Alphacell v Woodward
Why is Health + Safety a reason for SL?
TO:
-ensure employers and occupiers take all necessary precautions to care for employees/visitors.
What’s a case example for Health + Safety?
-Atkinson v Sir Alfred McAlpine
What is a case example of NO SL?
-B v DPP
Why was B v DPP not strict liability?
OFFENSE (acts of indecency for under 14 year olds) RULED AS STRICT LIABILITY BUT:
A reasonable belief that the girl was over 14 PROVED to be able to constitute a defense.
What does B v DPP legally demonstrate?
-Demonstrates that the presumption of mens rea does NOT need to be displaced in every case
What are 3 reasons people might criticise SL?
- Injustice
- Stigma
- Deterrence
Why may people claim SL is injustice?
-Even those who have taken all possible precautions can be found guilty
Why may people criticise the stigma in SL?
-Can gain criminal records where cases in negligence would be more appropriate
Wht may people criticise the effectiveness of deterrence in SL?
-Doesn’t really stop people from acting, just take precautions to not get caught = EG speeding!
