Criminal- Strict Liabilty

Question 0

Laws

Answer 0

Most come from statue law

Some come from common law- Whitehouse v Lemon

Question 1

Prove

Answer 1

Don’t need to prove mens rea, only actus Reus

Eg. Speeding or parking

Question 2

Used?

Answer 2

Social concern crimes
3 types:
Environmental
Food safety
Protection of children

Question 3

Environmental offences

Answer 3

Alphacell v Woodward

D polluted a river even though he took precautions. Found guilty of a strict liability crime

Question 4

Food safety

Answer 4

Smedley v breed

V found a dead caterpillar in a tin of peas. D was found guilty of a strict liability offence.

Question 5

Protection of children

Answer 5

Harrow v Shah

D sold a lottery ticket to a child under 16. D was charged with an offence under strict liability

Question 6

When it shouldn’t be used

Answer 6

For crimes that are truly criminal

Question 7

Should only be used for administrative social crimes

Answer 7

Sweet v Parsley

Her crime of allowing drugs to be used in her flat was truly criminal and therefore mens tea would have to be proven

Question 8

Strict liability offences are used because…

Answer 8

Easy to prosecute
Save court time
Promotes high standards (smedley v breed)
Regulates people’s behaviour (Harrow v shah)
Good for administrative crimes but not true crimes ( sweet v parsley)