Strict Liability

What is a strict liability offence?

An offence committed with no mens rea

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Facts about strict liability offences?

Presumption in favour of mens rea, only summary offences, no need to provide mens rea, statutory interpretation is important

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What is absolute liability?

When there is not mens rea or actus reus in the rare cases; Winzar and Larsonneur

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What are some examples of strict liability offences?

Road safety, health and safety, pollution, food hygiene,

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What is a main case on strict liability?

Sweet v Parsley - teacher/drugs

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What is the test for strict liability?

Gammon - a case concerning building regulations, dealt with the importance of the presumption of mens rea and looked at issues identifying factors

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What factors were identified in Gammon?

Was the offence truly criminal, was there an issue of social concern, will the creation of the offence make people more likely to obey the law?

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What case was followed from Gammon's approach?

Ezeemo - transported hazardous waste where the factors in Gammon were considered

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What is a case example on pollution?

Alphacell v Woodward - polluted a river by accident

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What is another case concerning meat?

Callow v Tillstone - butcher sold unfit meat even though having it checked with a vet beforehand

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What is a case concerning minors?

B v DPP - a 14 year old boy made a 13 year old girl perform oral sex on him on a bus because he believed she was over 14

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What is another case concerning assault/a minor?

R v K - a 26 year old man made a sexual assault on a 14 year old girl who told him she was 16

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What is a case example concerning alcohol?

Cundy v Le Cocq - the appellant was convicted for unlawfully selling alcohol to an intoxicated person, but appealed on the basis that he was unaware of the customers drunkness

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What is a case concerning a gun?

R v Howells - the appellant bought a gun believing that it was an antique with no firearm licence. It was not an antique and was convicted, but appealed as he had genuine belief

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What is a problem with strict liability offences?

It can carry stigma

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What is a defence to strict liability?

Due diligence - proof that the person took all reasonable steps

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What are the factors needed for someone to rely on due diligence?

Burden of proof is on the D, must prove they honestly believed the state of affairs, prove that the belief was reasonably held, and must produce evidence to back up their case

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What case outlines due diligence?

Tesco v nattrass - priced something at the wrong price

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What are the advantages of strict liability?

Helps to protect people from social evils, makes convictions easier to achieve, promotes standards and improves public protection, makes convictions easier to achieve

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What did Baroness Wootton suggest?

That all offences should be strict liability offences

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What are the disadvantages of strict liability?

Can be unfair, absolute liability is unfair, does not always raise standards, people who did not mean to commit crime are stigmatised, not clear when due diligence will be available, lack of clarity about what offences are of SL

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Reform proposals?

Should be a presumption of mens rea in all cases, if a offence is strict liability Parliament should state so

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Strict Liability

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