Strict Liability

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  • 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
    • 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
    • Defences
      • Mistake
        • No ( R v Storkman)
      • Due Dilligence
        • Yes
          • Where the statute indicates that provided the defendant showed Due Diligence, it is a defence
    • 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
    • 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?


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