Strict Liability

What is the definition of strict liability?

Offences which require no mens rea in relation to one or more aspects of the actus reus

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What are strict liability offences?

There are thought to be some 7500 offences under English Law, about half of them being offences of strict liability

Primarily regulatory offences directed at businesses eg Health and Safety offences, Sale of alcohol/cigarettes to underage persons

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What are driving offences?

speeding
drink driving
no insurance
no road tax
not wearing a seatbelt
not wearing crash helmet

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What happened in the case of Gammon (Hong Kong) v A-G (privy council)?

defendant was a builder who had deviated from plans in the construction of a building, it was an offence to deviate from the plans in a substantial way in which he had done, offence was one of strict liability and therefore his belief was irrelevant and h

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What did the case of Gammon v AG determine?

determine whether an offence is one of strict liability there is a presumption that mens rea is required. Presumption may be rebutted where:
Crime is regulatory as oppose to a true crime, Crime is one of social concern, The wording of the Act indicates th

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Crime is a regulatory as oppose to a true crime

What happened in the case of Callow v Tillstone 1900?

Butcher was charged with the offence of selling unfit meat, he had had the meat checked over by a vet which had said that it was safe to be sold, however it wasnt safe at all, he was liable as it was a strict liability this was also a regulatory offence i

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Crime is a regulatory as oppose to a true crime

What happened in the case of Sweet v Parsley 1970?

a school teacher rented out her house to some students who she didnt know and they werent her students, she was unaware but they were actually growing cannabis, she was charged with offence of keeping cannabis on her premises, doing drugs considered a tru

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What cases come under Crime is one of social concern?

More likley to be strict liability

Driving offences - Duck v Peocock 1949
Sale of food - Callow v Tillstone 1900
Pollution - Alphacell v Woodward 1972

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Crime is one of social concern

What happens in the case of Alphacell v Woodward - pollution?

Any crimes relating to pollution is likely to be strict liability
Under ground pipe fractured and started releasing pollution, because it was underground, owners of the factory were not aware it was broken and polluting, didnt matter if they were aware or

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What cases are involved in the wording of the act indicates that it is strict liability?

Cundy v Le Cocq 1884

PSGB v Storkwain 1986

Sherras v De Rutzen 1895

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The wording of the act indicates that it is strict liability

What happens in the case of Cundy v Le Cocq 1884?

Defendant charged with offence of selling alcohol to an intoxicated person, in his defence he argued he didnt think the man was drunk but the court said that the offence was still strict liability

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The wording of the act indicated that it is strict liability

What happens in the case of Pharmaceutical Society of Great Britian v Storkwain 1986?

A pharmacist charged with giving out prescription drugs on production of a fraugelent prescription, argued they thought it was a genuine perscription, court said it was strict liability the obligation was on them to check, looked at other sections of same

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The wording of the act indicated that it is strict liability

What happened in the case of Sherras v de Rutzen 1895?

defendant owned a pub, served alcohol to a policeman on duty, they did that because he was not wearing his armlet so they believed he was off duty, mens rea was required for this one they were not liable as they didnt realise he was not on duty

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What is the size of the penalty?

generally where the size of penalty is small the more likely it will be held to be an offence of strict liability but this will be weighed against the other factors

just because the penalty is substantial does not mean mens rea is required

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What was the size of the penalty in the case of Gammon v AG 1985?

penalty was max 3 years in prison

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What was the size of the penalty in the case of Howells 1977?

possession of a firearm carried a hefty penalty

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What happened in the case of Howells 1977?

defendant purchased what he believed was an antique gun, these dont require a license, but he actually purchased a fake antique so it did require a license, despite the fact he didnt think it required a license he was liable for the possession of a firear

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Are there justifications for strict liability?

strict liability can often operate harshly and cause injustice

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What are the advantages of strict liability?

quicker and cheaper as dont have to go to court in order to enforce it

works as a deterrent sometimes

stops people escaping liability

encourages compliance with the law

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What are the disadvantages of strict liability?

some of them can be very harsh punishment (Callow v Tillstone 1900)

can lead to injustice (Howells 1977)

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Strict Liability

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