Strict Liability

Definition: Strict Liability is a group of offences which don't require Mens Rea
1. CASE: Callow V Tillstone (1900)
2. STATE the difference between Strict and Absolute Liability
  1. SL- No MR required & Prosecution MUST prove that D committed the AR voluntarily
  2. AL- No MR required & voluntary act is not needed
    1. CASE: Larsonneur(1933) Winzar(1983)
3. Part 1 Intro
Part 2 Intro
1. Nature of Strict Liability Offences
  1. Minor Crimes, tend to cover - Regulatory offences, such as: Food hygiene, Parking offences, Polluting Environment
    1. CASE:Smedleys v Breed (1974) AC 839
      1. SL offences in Common Law are VERY rare - Judges disapprove of them. - not many left!
        E.G: BLASPHEMOUS LIBEL
        CASE: Lemon & Gay news Ltd (1979)
Part 3 Intro
1. Most SL offences are Statutory. (leads to 5000 offences)
  1. Regulatory in nature , ie : governing matters sucg as sales of food, alcohol and gaming licensing. EG. The Road Traffic Act 1988 s4 - states D will be strictly liable for driving while unfit through drink.
    1. CASE : Harrow LBC v Shah & Shah (1999) Warner v MPC (1969

Zusammenfassung der Ressource

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