STRICT LIABILITY

alexandra.sermon
Mind Map by alexandra.sermon, updated more than 1 year ago
alexandra.sermon
Created by alexandra.sermon about 5 years ago
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Description

Mind Map on STRICT LIABILITY, created by alexandra.sermon on 01/25/2015.

Resource summary

STRICT LIABILITY
1 What do we know already?
1.1 Actus reus + mens rea = criminal liability
2 However, for strict liability offences...actus reus = criminal liability
2.1 Mens rea is not needed
2.2 Just performing the ACT is sufficient
2.3 Eg. speeding offence = £100 fine & 3 points on licence
3 Which 'crimes' do strict liability apply to?
3.1 Protection of the environment
3.2 food safety
3.3 road traffic offences
3.4 social concern
3.5 public safety
3.6 Historical setting - why did SL offences come about?
3.6.1 industrial revolution
3.6.2 worker protection
4 Sweet v Parsley (1970)
4.1 Mrs Sweet rented cottage out to students
4.2 Students smoking cannabis
4.3 Sweet rarely visits, only to collect mail
4.3.1 Keeps one room locked for her use
4.4 Q. could she be held strictly liable for allowing her property to be used for drug taking?
4.4.1 Ratio: the Misuse of Drugs Act was silent about whether MR was required. The crime here was not strict liability
5 Larsonneur (1933)
5.1 D ordered to leave UK and went to Ireland
5.2 Irish police deported her back - she was arrested
5.3 It did not matter that she had been brought back by the Irish police against her will
6 Shah (1999)
6.1 staff were trained
6.1.1 notices in shop window
6.1.2 were asked to refer to manager if in doubt
6.2 guilty of selling lottery tickets to a 13 yr old boy
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