Strict Liability Flashcards Preview

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Flashcards in Strict Liability Deck (16)
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1
Q

give an example of strict liability

A

pharmaceutical society of GB v storkwain ltd 1986

2
Q

what is absolute liability

A

no MR needed at all AND AR need not be voluntary, IE larsonneur 1933

3
Q

what is strict liablity

A

no mens Rea for at least part of the AR

4
Q

What cases illustrate that mens Rea may be required of one part of an offence, but another may be SL

A

Prince 1875

hibbert 1869

5
Q

give an example of a no fault conviction

A

Callow v Tilstone 1900

6
Q

what is the no ‘due diligence’ defence

A

no defence if an act of P doesn’t allow it even if Ds took all possible care(harrow abc v shah and shah 1999)

7
Q

what is no defence of mistake

A

saying something was a mistake is not a defence (cundy v le cocq 1884)

8
Q

where does strict liability legislation come from

A

statutes with the exception of criminal libel, public nuisance and outraging public decency (Gibson 1991)

9
Q

what will courts try and presume/find in a SL case

A

a mens Rea unless P has expressly/implied there is none.. This was made clear in Sweet v Parsley 1969

10
Q

what are regulatory offences referred to as

A

quasi crimes and affect large areas of life like selling food or selling alcohol (callow) and (cundy)

11
Q

what happens in SL if the offence carries a penalty of imprisonment

A

more likely to be considered truly criminal and therefore more likely to presume MR (B v DPP 2000)

12
Q

issues with social concern SL

A

when MR can be displaced. Issues include:

-SL becomes justified with many offences like food, drink, pollution, unlicensed broadcasting (Blake 1997)

13
Q

how does the court see if SL applies

A
  • presumption of MR
  • Looking at rest of act
  • quasi criminal offences
  • penalty of imprisonent
  • issues of social concern
  • would the offence support promotion of law
14
Q

advantages of SL

A
  • aimed at protecting the public which is more important than ds individual rights
  • encourages higher standards as risk of conviction
  • easier to enforce
  • saves court time
  • due diligence defence where appropriate
  • lack of blameworthiness can be taken into account
15
Q

disadvantages of SL

A
  • imposes liability on those not blameworthy (Harrow 1999)
  • unaware of risks will still make you guilty (guilty of a consequence happening even if unaware of risk- environment agency 1998)
  • no evidence that it improves stds
  • contrary to HR (R v G 2008- guilty even yhough genuinely didn’t think the girl was underaged)
  • some carry social stigma (ie r v g 2008, g was put on sex offenders registry.)
16
Q

proposals for SL reform

A
  • P should expressly state whether offence is SL
  • Draft criminal code suggested this could be done by including a presumption of MR in code.
  • requiring all offences to have due diligence defence
  • no offence carrying imprisnment should be sl
  • removing regulatory offences from criminal system but wouldn’t apply to mainstream offences like sex offences act 2003