Transcript Strict Liability

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Strict Liability
•Ensure all mobiles are switched
off.
•Have your précis notes (Ch.4
Criminal Law for A2 by J. Martin)
to hand at every lesson and so
they can be checked.
•Feel free to ask questions – just
raise your hand first.
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Strict Liability Offences…
• It must be proved that D did the
relevant actus reus voluntarily.
• Mens rea, however, is not
always required to be proved.
• See Pharmaceutical Society of
Great Britain v Storkwain Ltd
(1986)
2
No fault…
• D can be convicted if his
act inadvertently caused a
prohibited consequence even though D might have
been totally blameless.
• See Callow v Tillstone
(1900)
3
“Due Diligence” defence
• D will not be liable if he
can show that he did all
that was within his power
not to commit the offence.
• Defence not always
available though – see
Harrow London Borough
Council v Shah and Shah
(1999)
4
Common Law
• Strict liability is very rare in
common-law offences and
only exists in the following:
•
•
•
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Public Nuisance
Criminal Libel
Blasphemous Libel
Criminal Contempt of Court
(now a statutory offence
anyway)
5
Statute Law
• Half of all statutory offences
are ones of strict liability.
• Usually regulatory in nature.
• Involve matters such as
regulating the sale of food
and alcohol and the
prevention of pollution.
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Presumption of mens rea
• Courts start by assuming
that mens rea is always
required unless Parliament
has indicated otherwise.
• See Sweet v Parsley (1969).
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Gammon Ltd v A-G of Hong
Kong (1984)
• What factors did the Privy
Council say should be
considered before a
person can be held guilty
of a criminal offence?
8
Quasi-Criminal Offences
• Offences which are
regulatory in nature are not
thought of as being truly
criminal matters.
• Regulatory offences affect
large areas of everyday life –
can you think of some
examples?
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“Truly Criminal” Offences
• Less likely to be interpreted
as offences of strict liability.
• See B v DPP (2000) (make
notes on this case.
• However, some offences
carrying imprisonment
have been made strict
liability offences – e.g.
Storkwain.
10
Issues of Social Concern
• Allow strict liability to be
justified in a wide range of
offences.
• Covers any activity which is a
“potential danger to public
health, safety or morals”.
• See Blake (1997)
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For and Against….
• Students should break into
law firms to research and
present either:
• the justifications for strict
liability;or
• the arguments against
strict liability
• Use Diana Roe textbook for
more cases.
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Exam Practice
Students should produce a
detailed essay plan for
question 2 (Jet Skis Are Us
Ltd) on p. 42-43 “Criminal
Law for A2” by J. Martin.
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