Strict liability

Question 1

What is meant by strict liability?

Answer 1

Offences that only require the actus reus to be proven and not the mens rea

eg; speeding

Question 2

Examples of strict liability under statute law?

Harrow v Shah
Smedley v Brie

Answer 2

Harrow London Borough v Shah

HELD; Where a statute is intended to regulate an area of social concern, the courts will impose strict liability

HELD; Courts will impose strict liability to protect public and ensure health and safety

Question 3

Example of strict liabilty under common law - R v Lemon; R v Gay news

Answer 3

Blasphemy

HELD; Blasphemous libel required the prosecution to show that the defendant had published material of the necessary character, they did not have to show intention to blaspheme