Strict Liability
- Created by: DeVanté
- Created on: 01-04-14 09:29
View mindmap
- Strict Liability
- Strict liability crimes are crimes which require no proof of mens rea in relation to one or more aspects of the actus reus.
- As strict liability has the potential to create injustice and operate harshly there is a general presumption that mens rea is required to impose criminal liability
- Gammon (Hong Kong) Ltd v A-G of Hong Kong 1985
- According to Gammon, this presumption may be rebutted where:
- The crime is regulatory as oppose to a true crime
- Where the crime is regulatory as oppose to a true crime, the presumption of mens rea gives way to a finding of strict liability
- Sweet v Parsley 1970
- Examples of regulatory crimes include Health and safety regulations such as pollution and sale of unfit meat
- Alphacell v Woodward 1972
- Callow v Tillstone 1900
- Where the crime is regulatory as oppose to a true crime, the presumption of mens rea gives way to a finding of strict liability
- The crime is one of social concern
- Examples of offences of social concern include driving offences
- R v Williams 2011
- Examples of offences of social concern include driving offences
- The wording of the Act indicates strict liability
- The presumption of mens rea is rebutted by express provision in the statute excluding the requirement of mens rea
- PSGB v Storkwain Ltd 1986
- Cundy v Le Cocq 1884
- The presumption of mens rea is rebutted by express provision in the statute excluding the requirement of mens rea
- The offence carries a small penalty.
- Generally where an offence carries a small penalty, this will indicate that it is not a true crime and therefore one of strict liability
- However, just because an offence carries a heavy penalty does not mean that it is one requiring mens rea
- R v Prince 1875
- R v Howells 1977
- However, just because an offence carries a heavy penalty does not mean that it is one requiring mens rea
- Generally where an offence carries a small penalty, this will indicate that it is not a true crime and therefore one of strict liability
- The crime is regulatory as oppose to a true crime
Comments
No comments have yet been made