Strict Liability
- Created by: Leesy123
- Created on: 13-05-16 10:54
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- Strict Liability
- Starting point
- requires no mens rea
- wording of an Act of Parliament
- did Parliament mean for it to be SL?
- if mens rea = no SL
- "intentionally"
- "recklessly" "knowledge"
- "malice aforethought"
- common words for SL
- "possession" (drugs)
- "causing" (starving child)
- if mens rea = no SL
- did Parliament mean for it to be SL?
- presumption of mens rea
- Courts interpret as SL if expressed or implied it is an SL offence
- the act is silent
- Sweet v. Parsley - acquitted of drug charges. Act silent about MR, presumption must apply. NOT STRICT LIABILITY
- Courts interpret as SL if expressed or implied it is an SL offence
- The Gammon Tests
- 1. Presumption that every criminal offence requires mens rea
- 2. presumption will be even stronger if the offence is 'truly criminal'.
- 3. presumption will be displaced if the Act either clearly says so or the outcome implies it
- 4. presumption will only be displaced if the issue involves a matter of: social concern, or public safety
- 5. presumption will only be displaced if it will lead to greater vigilance by the public.
- 4. presumption will only be displaced if the issue involves a matter of: social concern, or public safety
- 3. presumption will be displaced if the Act either clearly says so or the outcome implies it
- 2. presumption will be even stronger if the offence is 'truly criminal'.
- 1. Presumption that every criminal offence requires mens rea
- Areas of Application
- 1. ALPHACELL - company's pumps failed and river was polluted - charged with SL and fined £20
- 2. SMEDLEYS V. BREED - caterpillar found in peas. Charged with SL.
- 3. R V. WILLIAMS - driving without a license and disqualified - Charged with SL
- 4. SHAH AND SHAH - staff sold lottery ticket to under 16. Charged with SL under a matter of social concern
- 5. BLAKE - made a demo tape, didn't know he was broadcasting - Charged with SL as public saferty
- Starting point
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