Strict Liability Case Sheet

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  • Created on: 16-05-13 16:45
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Strict Liability Cases
Mens Rea
Pharmaceutical D had supplied drugs on prescription Mens rea is not required in at least
Society of GB v but the prescriptions were later one aspect of the actus reus. D did the
Storkwain 1986 found to be forged. D had not acted actus reus and he did it voluntary (E.G.
dishonest/negligently. D had not at gunpoint).
Guilty supplied drugs without a prescription
and D was guilty.
Prince D knew girl he took was in Knowledge of the girls age was not
1875 possession of her bather but required.
believed reasonably she was 18. D
Guilty guilty as he had intention to remove
the girl from possession of father.
Hibbert D met girl aged 14 on street & had Mens rea was required for the
1869 sex. D aquitted as it was not proved removal aspect and intention was not
he knew the girl was in custody of provided.
Not Guilty her father.
No Fault Liability
Callow v Tillstone Butcher asked vet to examine carcass D can be convicted if his voluntary act
1900 to see if it was fit for human inadvertently causes a prohibited
consumption. Vet said yes. Butcher consequence. D was guilty because it
Guilty sold meat and was convicted as the was a strict liability offence, even
meat was unfit for sale. though he was blameless.
No Due Diligence
Harrow v Shah Ds owned lottery newsagents. D told The offence was one of strict liability
and Shah staff no one under 16 could buy a meaning that Ds were guilty. The
1999 lottery ticket. A member of staff sold offence did not require any mens rea
one to a 13 yr old without asking for even though they had done
Guilty I.D. Ds guilty. everything to prevent the offence.

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Absolute Liability
Winzar D taken to hospital, examined and Non voluntary act still guilty
1983 was drunk. D told to leave but didn't.
Police took D to roadway outside
hospital, realised he was drunk and
Guilty charged him with being found drunk in
a highway.
Larsonneur D was deported from UK and banned She had no mens rea as she did not
1933 ­ taken to Eire, Ireland.…read more

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Gibson and Gibson created art exhibit of a model It was a strict liability offence as it
Sylveire head partially made out of freeze-dried did not need to be proved that D
human foetuses. D convicted of outraging intended to outrage public
1991 public decency. decency or was reckless as to
whether he would.
Lemon and Poem published in Gay News describing Not necessary to prove that Ds
Whitehouse v Gay homosexual acts done to the body of intended to blaspheme.…read more

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Guilty was transmitting as it was a demonstration. D displaced is where the statue is
convicted. concerned with an issue of social
Law Enforcement
Lim Chin Aik v The D convicted of entering Singapore when he Privy Council thought it was not
Queen had been prohibited by an order made by the enough to be sure the state
1963 immigration Minister. However, D had no dealt with a social evil in order to
knowledge of the prohibition and there was infer strict liability.…read more


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