SLO Flashcards
(7 cards)
Definition of SLO
Exception to the general rule whereby a prosecution must prove both actus reus and mens rea. The proof of actus reus alone is sufficient without the need to prove mens rea.
Where a provision is silent as to mens rea, does it mean that the offence is automaitcally considered as SLO?
Give Case Law
Sweet v. Parsley - although the section is silent as to mens rea, the offence does not automatically become one of strict liability. It means means rea is presumed to exist unless evidence showed otherwise.
Presumption of mens rea requirement in SLO
Give Case Law
Presumption: the requirement of mens rea become stronger if the offence is truly criminal in nature
B (A minor) v. DPP - the more serious the offence, the greater the weight to be attached to the presumption
Can the presumption be rebutted?
Give Case Law
Gammon (Hong Kong) Ltd v. General Attorney of Hong Kong - It can be rebutted if it involve issue of social concern, and where the creation of SLO is necessary to promote the prevention of the prohibited act.
Ex. regulatory offences (sales of food, public health)
Case Law of the rebutted presumption
Public Prosecutor v. Osman bin Apo Hamid & Anor
The accused was charged carrying bags of rice exceeding the amount specified in the permit. The accused argued that they had no knowledge they can only carry 80 bags.
Court held: that SLO is necessary in order to maintain a stable and proper price for paddy and rice for the consumer. Regulation should be as strict as possible to offer minimum opportunity for evasion and deception.
Advantages of SLO
- Provide better protection for society
- Increase care and efficiency
- Prevent any efficiency in terms of law enforcement
Criticism of SLO
- Liability should not be imposed on those who are not blameworthy
- Not all SLO are minor offences
- Little evidence show SLO could raise standards of care among people.
