Strict Liability
- Created by: DeVanté
- Created on: 24-03-14 11:51
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- To what extent have the courts determined a clear set of principles for determining whether an offence is one of strict liability
- What is strict liability
- "an act for in which the doer is subject to criminal sanction even though whe he did it he had no mens rea... Lord Diplock
- Sweet v Parsley 1970
- Basic elements of a crime
- Actus reus
- All crimes are to be presumed to require both actus reus and mens rea
- Need not be controlled by the defendant
- Winzar
- Larsonneur
- Mens Rea
- Strict liability crimes require no mens rea
- All crimes are to be presumed to require both actus reus and mens rea
- Actus reus
- "an act for in which the doer is subject to criminal sanction even though whe he did it he had no mens rea... Lord Diplock
- Rebutting the presumption of mens rea
- Gammon ltd v Hong Kong (Attorney General) 1985
- Four Factors
- Is the offence regulatory in Nature? or one of true crime?
- Sweet v parsley 1970
- Smedleys v Breed 1974
- 2. Does the offence relate to an issue of social concern
- Harrow LBC v Shah 1999
- 3. Did parliament intend to create an offence of strict liability by using certain words in a statute, like intentionally, recklessy and knowingly
- Alphacell v woodward 1972
- 4. The gravity of the punishment
- Callow v Tllstone 1900
- Is the offence regulatory in Nature? or one of true crime?
- Defences
- Mistake
- No ( R v Storkman)
- Due Dilligence
- Yes
- Where the statute indicates that provided the defendant showed Due Diligence, it is a defence
- Yes
- Mistake
- Proposal for reform
- Criminal liability (mental element) bill 1977
- It is parliaments responsibility to make clear indication to the judges whether it intended to create a crime with no requirement of mens rea. thus parliament, if it wished to create an offence of SL, to make this clear in an a ct of parliament
- Criminal liability (mental element) bill 1977
- Advantages of SL
- Less time and cost
- Protection of society
- SL As a deterrent
- Proportionality of punishment appropriate for SL
- Disadvantages of SL
- Possibility of injustice
- Role of judges
- Statutory Interpretation
- Is SL actually a deterrent
- Does SL breach ECHR?
- What is strict liability
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