Strict Liability and Participation in Crime

Flashcards covering key concepts from the lecture on Strict Liability and Participation in Crime.

Strict Liability

A legal doctrine that holds a party liable for their actions regardless of intent or mental state.

Mens Rea

The mental state or intent required for criminal liability.

Cundy v Le Cocq (1884)

A case where the seller was liable for selling alcohol to a drunk person without knowledge.

Sweet v Parsley (1970)

Reaffirmed the presumption that mens rea is required unless explicitly excluded by statute.

Absolute Liability

A form of liability where intention or knowledge of wrongdoing is not required.

R v G [2008]

Established that sexual intercourse with a child under 13 is strict liability as to age.

Joint Enterprise

A legal doctrine involving shared liability among multiple parties involved in a criminal act.

R v Jogee (2016)

Clarified that foresight is evidence, not mens rea; intention to assist or encourage is necessary.

Inchoate Offences

Crimes that were begun but not completed, such as attempts.

R v Shivpuri (1987)

Held that impossibility is no defense to an attempt.

Conspiracy

An agreement between two or more parties to commit a crime.

Actus Reus

The physical act or conduct that constitutes a criminal offense.

R v Bainbridge (1960)

Secondary party must know the essential elements of the offence for liability.

Regulatory Offences

Offences that are typically strict liability, often related to public welfare.