Strict Liability

Question 1

Describe

Strict Liability in general.

Apart of SL

Answer 1

Offence where MR is not needed for every part of voluntary AR.

Question 2

Describe

No Mens Rea

Pharmaceutical Society of GB v Storkwain

Apart of SL

Answer 2

Offences are all persumed to have MR at start.

Pharmaceutical Society of GB v Storkwain - Courts can decide there is no need to prove MR and offence is Strict Liability.

Question 3

Describe

No Fault

Callow V Tillstone

Apart of SL

Answer 3

Offence does not require proof of fault.

Callow v Tillstone - D can be guilty, even if taken all reasonable care to not commit offence.

Question 4

Describe

Identifying Offence

Gammon LTD v A-G of Hong Kong, 4 part test.

Apart of SL

Answer 4

If an Act doesn’t explicitly state no MR is needed, Courts use this test.

Gammon LTD v A-G of Hong Kong -
1) Persumption of MR is starting point.
2) Persumption that, MR is required if the stronger offence is truly criminals. (More serious for my clarity)
3) Persumption that, MR applies to Statutory Offences and can be displaced with clear wording in Act.
4) Persumption that MR required, is likely to be removed in issues of social concern.

Question 5

Describe

Persumption of MR

Sweet v Parsley

Apart of SL

Answer 5

Sweet v Parsley - Courts should persume MR is needed for criminal offences and not SL offences.

Question 6

Describe

Truly Criminal Offence

B v DPP

Apart of SL

Answer 6

Persumption of needing MR is stronger if offence is truly criminal in nature.

Regulatory offences are more likely to be SL.
* Selling food/alcohol
* Building Regulations
* Selling Lottery Tickets to minors
* Regulation involving Pollution.

B v DPP - If offence carries penalty of imprisonment, more likely to be truly criminal.

Question 7

Describe

Wording of Act

Apart of SL

Answer 7

Word to indicate MR
* Intentionally, Recklessly, Knowingly.

Words to indicate SL
* Possesing, Supplying, Causing.

Question 8

Describe

Issues of Social Concern

Blake

Apart of SL

Answer 8

Strict Liability justified for offences that are a potential danger to public health, safety and morals.

• Sale of Alcohol/Food
• Pollution
• Road Safety
• Underage Gambling
• Firearm Possession

Blake - Unlicensed Broadcast Transmissions

Question 9

Apply to Exam Question

Flip

Apart of SL

Answer 9

Here the offence is:
The D committed the actus reus of this offence when:

It doesn’t matter that the D didn’t intend to … Because this is an offence of strict liability.

The courts would/nt find this to be strict liability due to: