STRICT LIABILITY

STRICT LIABILITY

1. What do we know already?

   • Actus reus + mens rea = criminal liability

2. However, for strict liability offences...actus reus = criminal liability

   • Mens rea is not needed
   • Just performing the ACT is sufficient
   • Eg. speeding offence = £100 fine & 3 points on licence

3. Which 'crimes' do strict liability apply to?

   • Protection of the environment
   • food safety
   • road traffic offences
   • social concern
   • public safety
   • Historical setting - why did SL offences come about?
     • industrial revolution
     • worker protection

4. Sweet v Parsley (1970)

   • Mrs Sweet rented cottage out to students
   • Students smoking cannabis
   • Sweet rarely visits, only to collect mail
     • Keeps one room locked for her use
   • Q. could she be held strictly liable for allowing her property to be used for drug taking?
     • Ratio: the Misuse of Drugs Act was silent about whether MR was required. The crime here was not strict liability

5. Larsonneur (1933)

   • D ordered to leave UK and went to Ireland
   • Irish police deported her back - she was arrested
   • It did not matter that she had been brought back by the Irish police against her will

6. Shah (1999)

   • staff were trained
     • notices in shop window
     • were asked to refer to manager if in doubt
   • guilty of selling lottery tickets to a 13 yr old boy

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