MR Strict Liability

Question 1

Murray

Answer 1

MR is always element of an offence

Unless statute expressly states SL

Question 2

Ebbs

Answer 2

Harsher the punishment the more likely MR is an element

Question 3

Maguire v Shannon

Answer 3

factory pipe burst - Fisheries Act - SL offence = Needed in order promote vigilance to polluters

Question 4

Shannon Regional Fisheries v Cavan Co. Council

Answer 4

Discharge sewage into river = SL offence

Question 5

Min of Environment, Heritage and Locals

Answer 5

Livestock on EU Protected lands - Held as SL as pressing social and political interest in protected lands MR element would make INEFFECTIVE

Question 6

McCauley and McCutcheon

Answer 6

Concerns of liberty are dispensed with in the interests of some other social goal

Question 7

Sweet v Parsley

Answer 7

Landlady weed - no knowledge - ‘stigma attached to criminal convict’
If truly criminal = MR is component
Regulatory offences are different

Question 8

Bennet

Answer 8

Jumped on water meter
Water services act - offence obstruction of the authorities rep in his work=offence
= SL Offence

Question 9

CC

Answer 9

S1[1] of CLA 1935 = SL U15 CarnKnow
Unconstitutional

Question 10

Reilly v Patwell

Answer 10

Factors Established:
Moral gravity of offence
Social Stigma
Penalty
Difficulty in enforcement
Social consequences of non compliance