Strict Liability

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  • Created by: 10dhall
  • Created on: 24-05-17 07:09
What is absolute liability?
This is when there is no mens rea or actus reus
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What are cases demonstrating absolute liability?
Larsonneur; a french lady landed in England but was deported back to Ireland, then got deported fom Ireland back to the UK and was convicted for being in the UK. Winzar; removed from a hospital and put in a public place when drunk
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What are some strict liability offences?
Road safety, health and safety, pollution, food hygiene
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Is there a presumption in favor of mens rea?
Yes as in Sweet v Parsley - when the teenagers were smoking cannabis at her apartment without her knowledge
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What is the test for strict liability?
Gammon 1985 - a case which breached building regulations where the test was set out and principles arised. Was followed in Ezeemo 2012
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What principles arose from the case of Gammon?
1) was the offence truly criminal rather than a regulatory? 2) was there an issue of public concern/safety? 3) will the creation of the strict liability offence make it easier for people to obey the law than otherwise?
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What happened in Ezeemo 2012?
The D's were charged wit the offences of transporting hazardous waste, where the judge related to Gammon and followed that test
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What are case examples involving minors?
B v DPP - a boy who persuaded a underage girl to perform oral sex on him. K - D was 26 and thought the girl was 16
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What is a case relating to alcohol?
Cundy v Le Cocq - the D served drinks to someone who was already drunk
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What is another case regarding pollution?
Alphacell v Woodward - the factory's dirty water polluted a river by accident because the tanks were not cleaned but they were guilty
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What is due diligence?
This is a defence to strict liability and can happen when; burden of proof is on D, D must prove the belief was reasonably held, must produce evidence, must prove they honestly believed the situation
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What is a case in link with due diligence?
In Tesco Supermakets v Nattrass - they failed to change the price of a washing powder after swapping it on the shelf, serving a customer for a higher price. Company was acquitted
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What are the advantages of strict liability?
It protects people from social evils (gammon, ezeemo), it promotes standards and improvs public protection, makes convictions easier, outcome is usually only a fine
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What did Baroness Wootton suggest?
She suggested that every crime should be one of strict liability
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What are the disadvantages of strict liability?
It can be unfair (larsonneur, winzar), it is not clear when due diligence will be a defence, there is a lack of clarity, people did not mean to commit crimes have been stigmatised and sometimes face serious penalties
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What are the suggestions for reform on strict liability?
Suggested that there should be a presumption of mens rea in all cases
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Card 2

Front

What are cases demonstrating absolute liability?

Back

Larsonneur; a french lady landed in England but was deported back to Ireland, then got deported fom Ireland back to the UK and was convicted for being in the UK. Winzar; removed from a hospital and put in a public place when drunk

Card 3

Front

What are some strict liability offences?

Back

Preview of the front of card 3

Card 4

Front

Is there a presumption in favor of mens rea?

Back

Preview of the front of card 4

Card 5

Front

What is the test for strict liability?

Back

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