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Strict Liability

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Mind Map on Strict Liability, created by angelicabalakris on 07/10/2013.
angelicabalakris
Mind Map by angelicabalakris, updated more than 1 year ago
angelicabalakris
Created by angelicabalakris about 12 years ago
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Strict Liability
  1. Definition: Strict Liability is a group of offences which don't require Mens Rea
    1. CASE: Callow V Tillstone (1900)
      1. STATE the difference between Strict and Absolute Liability
        1. SL- No MR required & Prosecution MUST prove that D committed the AR voluntarily
          1. AL- No MR required & voluntary act is not needed
            1. CASE: Larsonneur(1933) Winzar(1983)
          2. Part 1 Intro
          3. 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!
                    1. E.G: BLASPHEMOUS LIBEL
                      1. CASE: Lemon & Gay news Ltd (1979)
            2. 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
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