Strict Liability Cases

Question 1

Pharmaceutical Society of Great Britain V Storkwain Ltd (1986)

Answer 1

General Strict Liability- voluntary Actus Reus, no Mens Rea

Question 2

R v Larsonneur (1933)

Answer 2

Absolute Liability- ‘status offences’- state of affairs

Question 3

R v Prince (1875)

Answer 3

Strict Liability- if Act of Parliament makes it clear Mens Rea isn’t required, offence will be one of strict liability

Question 4

Callow v Tilstone (1900)

Answer 4

Strict Liability- No Fault- D convicted if involuntary act inadvertently caused a prohibited consequence

Question 5

Harrow LBC v Shah and Shah (1999)

Answer 5

Strict Liability- No ‘Due Diligence’ Offence- D shows they did all they could in their power to NOT commit offence, won’t be liable

Question 6

Cundy v Le Cocq (1884)

Answer 6

Strict Liability- Defence of mistake not available

Question 7

Gibson v Sylviere (1991)

Answer 7

Strict Liability- Common Law- 3 existing common-law offences: Outraging Public Decency

Question 8

Sweet v Parsley (1970)

Answer 8

Presumption of Mens Rea in all criminal offences

Question 9

Gammon (Hong Kong) Ltd v Attorney-General of Hong Kong (1984)

Answer 9

Strict Liability- Gammons Test
- Appellants charged with deviating from building work in a material way from approved plan, contrary to the Hong Kong building ordinances.

Question 10

B v DPP (2000)

Answer 10

Where offence carries Penalty of Imprisonment- more likely to be considered ‘truly criminal’ and be less likely to be interpreted as offence of strict liability.