Strict Liability Flashcards
Definition of Strict Liability
a standard of liability where a person is legally responsible for an offence where mens rea is not required in respect of at least 1 elements of AR
Why does Strict liability Exist?
PUBLIC SAFETY - e.g. you may not intend to speed, but SL encourages socially acceptable behaviour so you don’t speed again in future
No fault is required
Callow V Tillstone - butcher guilty even though he had taken reasonable steps to not commit the offence - meat was still not fit for human consumption
No due diligence required
due diligence = where D has done all that was within his power not to commit the offence
Harrow LBC V Shah and Shah - D owned newsagents, told staff must ID anyone, staff member sold lottery ticket to 13yr old boy, D1 on premises, D2 not on premises
No defence for mistake
D still guilty of strict liability even though he made a genuine mistake
Cundy V LeCocq - charged for selling liquor to drunken person (evidence of SL in that the sale had taken place)
How to decide if it is a SL offence?
If an Act of Parl included words indicating MR (e.g knowingly, intentionally, recklessly) then not SL
There is always a presumption of MR
Sweet V parsley - D rented house out to students, police found cannabis on premises, Charged with ‘being concerned in the management of premises used for the purpose of smoking cannabis’, D didn’t know so not Guilty (court presumed this offence required MR)
