Week 8: Interpreting Statutory Offences

Question 1

Actus non facit reum nisi mens sit rea

Answer 1

The act is not guilty unless the mind too is guilty

Question 2

40. Sweet v Parsley [1970] AC 132

Answer 2

Presumption against strict liability
* Offence to be concerned with the management of premises, if the purpose of that premise was for the consumption of cannabis resin
* Ms Sweet was a schoolteacher, who rented out a room to students
* Charged with a person who was concerned with the management of premises
* Must additionally prove that there was cannabis consumption
* Owned and managed the premises
* Parliament intended that no person be convicted who is in no way blameworthy
* Court must be satisfied that parliament intended to create a strict liability
* Absence of the word knowingly doesn’t necessarily constitute a strict liability offence

Question 3

What are the two indicators that an offence is strict liability?

Answer 3

1. No imprisonment contained within penalty clause.
2. No mens rae

Question 4

Provide two examples of strict liability offences.

Answer 4

1. Speeding
2. Selling off meat
3. Going through a red light

Question 5

What is the defence to strict liability offences?

Answer 5

A mistake, or reliance on information supplied to him or the act or default of another person, or an accident, or was due to some other cause beyond its control, and… took all reasonable precautions and exercise all due diligence to avoid the commission of the offence

Question 6

What are the two requirements that give rise to vicarious liability?

Answer 6

• The accused must have acted within the scope of his or her employment.
• It is only for statutory offences.