1. What is strict liability?
- Where the D is guilty of an offence just for having the MR - Larsonneur.
- Where the D is guilty of an offence for just committing the AR, no need for MR - HLBC v Shah.
- Where the AR and MR have to happen at the same time.
1 of 10
Other questions in this quiz
2. Reasons against strict liability?
- Harder to enforce.
- Takes longer for a guilty plea.
- Makes people who are not blameworthy guilty of an offence, even if all possible care has been taken - HLBC v Shah.
- Protects society, promotes greater care in public safety - Alphacell v Woodward.
3. Reasons for strict liability?
- Protect society by promoting greater care in matters of public safety - R v Blake, encourages higher standards in things such as hygiene - Alphacell v Woodward, easier to enforce, saves court time as people more likely to plead guilty.
- Stops people being blameworthy.
4. What is indirect intent?
- Defined in R v Mohan as the decision to bring about a prohibited consequence.
- Where aim of the D is different to the actual consequence. R v Woollin established the virtual certainty test
- Defined in R v Cunningham as when the D realises there is a risk but takes that risk anyway.
5. What happens if it is not clear is an offence is strict liability?
- Court will presume mens rea is required - Sweet v Parsley.
- Court will presume mens rea is not required - Sweet v Parsley.
- Court will presume mens rea is required - HLBC v Shah.