strict liability

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  • Strict Liability
    • definition
      • area of law prosecution do not need to prove any mens rea for a criminal conviction
      • no fault liability
        • sufficient for prosecution to provide actus reus
          • callow v tillstone
          • woodward
          • storkwain
    • creation
      • relates to issues of social concern
        • examples = pollution, alcohol food/ food production driving offences etc
        • most created by statute or regulations
          • few = common law
            • public nuisance
            • outraging public decency
              • gibson v sylverie
    • general presumption of men rea
      • courts always start with assumption of mens rea e.g sherras v de rutsen
      • presumption may be rebutted
        • sweet v parsley
      • gammon
        • results in the gammon tests
          • 1) presumption prosecution must prove mens rea
          • 2) presumption strong were offence is truly criminal
          • 4) only sit were presumption is displaced = were statute is concerned with a social issue
          • 3) presumption applies to a statutory offences and can be displaced only if it is clearly or by necessary implication the effect of the statue
    • true and quasi crimes or regulatory offences
      • Harrow lbc v shah and shah
    • isn't usually a prison penalty involved
      • storkwain
      • gammon
      • howells
    • language used in statutes and the statutory context
      • woodward
      • sweet and parsley
      • storkwain
    • issues of social concern
      • food hygine
        • callow v tillstone
        • smedleys and breed
      • under age sale of lottery tickets
        • harrow lbc v shah and shah
      • pollution
        • express car company v national rivers authority
        • woodward
    • Defences
      • no defence of due diligence
        • callow v tillstone
      • no defence of mistake
        • woodrow
        • cundy v la cocq


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