Strict Liability Flashcards

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1
Q

What case illustrates strict liability?

A

Callow v Tillstone (1900)

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2
Q

What case happened in 1900?

A

Callow v Tillstone

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3
Q

In what year was the case of Callow v Tillstone?

A

1900

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4
Q

What happened in the case of Callow v Tillstone (1900)?

A

A butcher was convicted of selling neat which was unfit for human consumption despite the fact certified the best as safe

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5
Q

What types of crimes are often those of strict liability?

A

Regulatory offences such as food and hygiene or environmental regulations

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6
Q

What is the problem with strict liability?

A

It is extremely harsh and therefore must not be overused

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7
Q

Briefly, what are the arguments in favour of strict liability?

A

Protection against pollution
Promotion of health and safety
Protect public morality
Protection of social dangers such as drugs and unlawful weapons

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8
Q

What case illustrates strict liability provides protection against pollution?

A

Alphacell v Woodward (1972)

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9
Q

What case happened in 1972?

A

Alphacell v Woodward

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10
Q

What year did the case of Alphacell v Woodward happen?

A

1972

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11
Q

What happened in the case of Alphacell v Woodward (1972)?

A

The Rivers (prevention of pollution) act 1951 made it an offence to pollute a river. The defendant claimed they should not be penalised as they were unaware of the pollution.

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12
Q

What was the outcome of Alphacell v Woodward (1972)?

A

The court held that knowledge was irrelevant. The fact the actus reus was present was sufficient

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13
Q

What did Smith and Pearson state?

A

Strict liability does induce organisations to aim at higher standards

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14
Q

Who contradicts Smith and Pearsons statement?

A

Brett

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15
Q

What does Brett argue?

A

Brett argued there is no evidence for a higher standard or care as a result of strict liability.
If prosecutions can be prosecuted regardless of taking precautions they may take none whatsoever.
It’s cheaper to pay fines than alter bad working practices

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16
Q

What case supports that strict liability promotes health and safety?

A

Pharmaceutical society of Great Britain v Storkain (1986)

17
Q

What is the case of Pharmaceutical society of Great Britain v Storkain (1986) relevant too?

A

Promotion of health and safety aided by strict liability

18
Q

In what year was the case of Pharmaceutical society of Great Britain v Storkain?

A

1986

19
Q

What case happened in 1986?

A

Pharmaceutical society of Great Britain v Storkain

20
Q

What happened in the case of Pharmaceutical society of Great Britain v Storkain (1986)?

A

The defendant was a pharmacist who unknowingly prescribed drugs on the basis of a forged prescription. He was convicted under the Medicine act 1986

21
Q

What’s the outcome of Pharmaceutical society of Great Britain v Storkain (1986)?

A

He was convicted under the medicines act 1968

22
Q

What is strict liability?

A

When the prosecution is relieved of the need to prove the men’s rea, they only have to prove the actus reus