Law - Liability

Cases and Points of Law for Liability

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  • Created by: DanielV45
  • Created on: 28-02-22 14:04
Sweet V Parsley (1970)
Woman rented out her cottage and some students used the property to take drugs. She was charged with being in control of a property whilst the occupiers took drugs.
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Sweet V Parsley Point of Law
Established the rule that, unless the statute says otherwise, mens rea is required. (Strict Liability).
Dangerous Drugs Act 1965.
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Exceptions to general principle that crimes require mens rea.
Regulations e.g. speeding, driving without insurance.
(Regulatory offences).
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R v Larsonneur (1993)
French National deported form the UK, took a ship to Ireland was sent straight back to UK and was arrested for being an "illegal alien" even though she had not intended to return to UK.
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R v Larsonneur. Point of Law
This becomes Absolute Liability as the defendant had neither the Mens Rea nor the Actus Reus. (Absolute Liability
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Winzar v Chief Constable of Kent (1983)
D was drunk and abusive in a hospital. So police took D outside then arrested him for being drunk on a public highway. (S.12 Licensing Act 1872). (Absolute Liability).
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Pharmaceutical Society of Great Britain v Storkwain Ltd (1986) 2 AII ER 635
The case involves s58(2) of the Medicines act 1968, Medicine given only if prescribed. D had supplied drugs from a prescription that was later found as forged. No finding that D had acted dishonestly, improper, or negligently but was found guilty
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Woodrow (1846) 15M & W 404
This was the first ever case for Strict Liability. D is found by police with adulterated tobacco, he is charged and convicted under the Adulteration Act 1842.
The court looked at the act and it never stated that it needs any mens rea.
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Other cards in this set

Card 2

Front

Established the rule that, unless the statute says otherwise, mens rea is required. (Strict Liability).
Dangerous Drugs Act 1965.

Back

Sweet V Parsley Point of Law

Card 3

Front

Regulations e.g. speeding, driving without insurance.
(Regulatory offences).

Back

Preview of the back of card 3

Card 4

Front

French National deported form the UK, took a ship to Ireland was sent straight back to UK and was arrested for being an "illegal alien" even though she had not intended to return to UK.

Back

Preview of the back of card 4

Card 5

Front

This becomes Absolute Liability as the defendant had neither the Mens Rea nor the Actus Reus. (Absolute Liability

Back

Preview of the back of card 5
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