strict liability

Question 1

strict liability

Answer 1

departs from normal crimes where the fulls mens rea is needed for every part of actus reas - needs partial

Question 2

absolute liability

Answer 2

the act is involuntary, no mens rea is required at all

Question 3

Storkwain

Answer 3

D supplied drugs on prescription that were forged.
Guilty of an SL offence as it was quasi and dangerous.
Had PMR as he knew he was providing the prescription

Question 4

Winzar - AL

Answer 4

D was took to hospital, police realised he was drunk and throw him on the street.
Guilty of absolute liability as he was drunk on a road.
Irrelevant there was no MR or involuntary.

Question 5

Re Larsonneur

Answer 5

foreign spy kept in English cell overnight, no intention to be there.
Guilty of absolute liability offence.
Irrelevant there was no MR or that is was involuntary.

Question 6

Gammon rules

Answer 6

guidelines on when the courts should impose SL - not binding as its the Privy Counsel but theyre still used

Question 7

Sweet

Answer 7

students grew cannabis in flat - landlord unaware.
COA - guilty - SL - drugs
HOL - not guilty - COA presumed MR not SL

Question 8

B v DPP

Answer 8

15 year old asked 13 year old for oral sex.
COA - guilty - SL
HOL - not guilty - presumption of MR which he didnt have

Question 9

K , S , Kumar

Answer 9

3 cases of sexual offences with younger ages

HOL confirmed the B approach - SL not suited

Question 10

G

Answer 10

15 year old had sex with a 12 year old

HOL - guilty of SL did not presume MR as she looked too young

Question 11

Cundy

Answer 11

sold alcohol to a person already drunk.

COA - used the silent section 13 to deliberate charge SL - quasi offence due to to licensing laws

Question 12

Collins

Answer 12

racially offensive messages left to an MP.

COA - guilty of SL as the silent sections were deliberate SL

Question 13

Sherras

Answer 13

sold alcohol to an officer on duty, the PC didnt have his armband on which indicated he was off duty.
COA - not guilty - they transferred the MR across the other sections so not SL

Question 14

Callow v Tillstone

Answer 14

butcher sold checked meat that was unfit for selling.

Guilty of SL - quasi/ dangerous as its a food regulation.

Question 15

Gammon

Answer 15

failed building regulations.

HOL - guilty of SL and a quasi offence as it was dangerous.

Question 16

Shah

Answer 16

shop worker sold lottery ticket to a person underage.

Guilty of SL and a quasi offence - gambling also a social concern.

Question 17

Smedleys v Breed

Answer 17

dead caterpillar found in a can of pea.

guilty of SL quasi offence as it breached food regulations.

Question 18

Alphacell v Woodward

Answer 18

factory polluted the river due to failed pumps.

guilty of SL - pollution is very dangerous

Question 19

Blake

Answer 19

DJ running an unlicensed radio station.

Guilty of SL as it was a social concern.

Question 20

Howells

Answer 20

Antique gun without a certificate.

guilty of SL as it was dangerous

Question 21

Warner

Answer 21

perfume business owner picked up his boxes which turned out to be drugs.
guilty of SL as drugs are dangerous

Question 22

Lim Chin Aik

Answer 22

entered Singapore without permission for entry.

not guilty of SL as it wouldnt deter others from doing it.

Question 23

Gammon

Howells

Answer 23

3 years

5 years prisons sentences but still SL