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Nadine Allen

Strict Liability
It is presumed that in all criminal offences you requite 2 elements: Actus Reus and
mens rea but there is over 3500 crimes that are known as SL cases where the
prosecution must only prove Actus Reus was present. Whether there is mens rea or

Page 2

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Nadine Allen

the time of the sale but Divisional Court held it was SL case and all
defendants were guilty.
Smedleys V Breed A tin of peas had caterpillars in it, Guilty of offence. The public is
Protects the victim protected against the selling of unfit goods
Callow V Tillstone…

Page 3

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Nadine Allen

There is no way of knowing if Parliament intended the crime to be a SL offence
1. Each offence to state if its strict liability ­ would make it clearer and easier to
know if its SL
2. Each offence to have a due diligence defence ­…


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