Strict Liability

Strict Liability

1. Definition: Strict Liability is a group of offences which don't require Mens Rea

   • CASE: Callow V Tillstone (1900)
   • STATE the difference between Strict and Absolute Liability
     • SL- No MR required & Prosecution MUST prove that D committed the AR voluntarily
     • AL- No MR required & voluntary act is not needed
       • CASE: Larsonneur(1933) Winzar(1983)
   • Part 1 Intro

2. Part 2 Intro

   • Nature of Strict Liability Offences
     • Minor Crimes, tend to cover - Regulatory offences, such as: Food hygiene, Parking offences, Polluting Environment
       • CASE:Smedleys v Breed (1974) AC 839
         • 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)

3. Part 3 Intro

   • Most SL offences are Statutory. (leads to 5000 offences)
     • 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.
       • CASE : Harrow LBC v Shah & Shah (1999) Warner v MPC (1969