Mens Rea

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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.
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2. What is absolute liability?

  • Where the D doesn't need an AR or MR to be guilty. - R v 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.

3. What is transferred malice?

  • Where the D intends to commit a similar offence against one person but instead commits is against another. Must be the same or similar - Latimer.
  • Where the D intends to commit a different offence against one person but instead commits another - HLBC v Shah
  • Where the D intends to commit a similar offence against one person but instead commits is against another. Don't have to be the same or similar - Latimer.

4. Reasons against strict liability?

  • 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.
  • Harder to enforce.
  • Takes longer for a guilty plea.

5. 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.

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