Strict liability

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What is strict liability?
When mens rea is not required for at least one aspect of the actus reus.
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What is the main case for strict liability?
Pharmaceutical Society of Great Britain v Storkwain Ltd (1986) - forged prescription. Pharmacy still guilty.
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What is absolute liability?
Where no mens rea is required at all and the actus reus doesn't have to be voluntary.
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What are the cases for absolute liability?
Larsonneur (1933) - deported to Ireland and deported back to UK, still guilty. Winzar v Chief Constable of Kent Police (1983) - Drunk in hospital.
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Give the cases for strict liability.
Prince (1875) - D knew girl was in posession of father, but thought she was 18, D guilty. Hibbert (1869) -
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What is meant by 'no fault'?
The D can be guilty if his voluntary act inadvertently caused a prohibited consequence.
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Give the case for no fault.
Callow v Tillstone (1900) - Butcher asked vet to examine carcass to see if it was fit for sale. D guilty even though he did all that he could to not commit the offence.
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What is meant by no 'due diligence' defence?
A defence of due diligence is usually available when the D took reasonable steps to avoid committing a crime. A defence of 'due diligence' isnt available for strict liability offences.
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What is the case for no 'due diligence' defence?
Harrow LBC v Shah and Shah (1999) - Lottery ticket sold to 13-yr-old. Found guilty, despite taking reasonable steps.
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What is the rule of the defence of mistake in strict liability offences?
The defence of mistake is not available for strict liability offences.
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What are the cases for no defence of mistake?
Cundy v Le Cocq (1884) D sold alcohol to drunk person, D was guilty. Sherras v De Rutzen (1895) - Sold alcohol to on duty constable, D not guilty because the constable went out of his way to 'trick' them.
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What are the exceptions to strict liability not being in common law?
Public nuisance, criminal libel and outraging public decency.
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Give the case for outragin public decency.
Gibson and Sylveire (1991) - freeze-dried human foetus earrings on sculpture.
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What else used to be an exception? Give a case.
Blasphemous libel. Lemon and Whitehouse v Gay News (1979) Poem about jesus performing homosexual acts.
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What is the case for presumption of mens rea?
Sweet v Parsley (1969) - Cannabis farm house. Presumption that mens rea is required for the offence.
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Where does the Gammon test come from?
Gammon (Hong Kong) Ltd v Attorney-General of Hong Kong (1984).
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What are quasi-criminal offences?
Crimes that are regulatory in nature.
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What is the case for a quasis-criminal ofence?
Alphacell (1972) - Company guilty desptie not even knowing they had polluted river, nor had they been negligent.
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When a crime carries a penalty of imprisonment, is it less or more likely to be a strict liability offence?
Less likely, because it's more likely to be considered 'truly criminal', so is less likely to be interpreted as an offence of strict liability.
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Give the case for penalty of imprisonment.
B v DPP (2000) - Thought D was 14, not 13. Conviction quashed as it carried a punsihment of imprisonment.
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Other cards in this set

Card 2

Front

What is the main case for strict liability?

Back

Pharmaceutical Society of Great Britain v Storkwain Ltd (1986) - forged prescription. Pharmacy still guilty.

Card 3

Front

What is absolute liability?

Back

Preview of the front of card 3

Card 4

Front

What are the cases for absolute liability?

Back

Preview of the front of card 4

Card 5

Front

Give the cases for strict liability.

Back

Preview of the front of card 5
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