Strict Liability

Question 1

Define Strict Liability.

Answer 1

• Crimes which don’t require Mens Rea
• D is guilty because he/she did Actus Reus (voluntarily), therefore no need to prove Mens Rea

Question 2

Explain Absolute Liability.

Answer 2

• When D has been guilty even though they didn’t do Actus Reus volunatrily
• Therefore no Mens Rea and Actus Reus isn’t volunatrily
• Involves ‘Status Offences’- Actus Reus is a State of Affairs

Question 3

Explain Strict Liability- No Fault.

Answer 3

• Actus Reus must usually be voluntary, occasionally D convicted if involuntary act inadvertently caused a prohibited consequence

Question 4

Explain Strict Liability- No ‘Due Diligence’ Defence.

Answer 4

• If D can show they did all they could in their power to NOT commit offence, won’t be liable
• No reasonable/sensible pattern to when Parliament has decided this defence is available, argued it should be available for all offences of strict liability.

Question 5

Explain Strict Liability- No Defence of Mistake.

Answer 5

• For Strict Liability, defence of mistake isn’t available
• If it was available, then D would be acquitted if they made an honest mistake.

Question 6

Explain Strict Liability- Common Law.

Answer 6

• Nearly all Strict Liability offences created by statutes, very rare at common law
• 3 existing common-law offences: public nuisance (e.g. underage drinking), criminal libel (e.g. attempted rape), outraging public decency.

Question 7

Explain Strict Liability- Statute Law.

Answer 7

• Over half of all statutory offences are ones of strict liability
• Most offences are regulatory in nature and include matters such as: sale of food, sale of alcohol, safe use of vehicles, e.t.c

Question 8

Explain Strict Liability- Gammons Test

Answer 8

• Necessary to decided whether it had to proved they knew that their deviation was material or whether offence was one of strict liability
• Privy Council started with presumption that Mens Rea is required before a person can be held guilty of a crim offence and that this presumption also applied to statutory offences.

4 Factors Should be considered:
- Presumption of Mens Rea only displaced if clearly or by necessary implication the effect of the words of the Statute
- Presumption particularly strong where offence is ‘truly criminal’ in character
- Presumption only displaced if statute is concerned with issue or social concern, e.g. public safety
- Strict liability only applied if helps enforce law by encouraging greater vigilance to prevent commission of prohibited act

Question 9

State the Justifications for Strict Liability.

Answer 9

• Saves Court time as people are more likely to plead guilty
• Helps protect society by promoting greater cover over matters by public safety- public policy
• Encourages higher standards in such matters as hygiene in processing and selling food.

Question 10

State the Arguments against Strict Liability.

Answer 10

• Makes people that aren’t blameworthy guilty
• Those unaware of risks still guilty
• Strict Liability is contrary to Human Rights