strict liability

What is a strict liability offence?

where the mens rea is not required only the actus reus

generally what do strict liability cases concern?

road traffic offences

breaches of health and safety legislation

social concern

Generally what is the punishment for a strict liability offence?

fine

what are strict liability offences sometimes known as?

no fault offences

What happened in Callow v TIllstone?

a butcher was selling contaminated meat and was guilty despite taking reasonable grounds and not being aware of the issue

What case is to do with contaminated meat?

Callow v Tillstone

What happened in Cundy v Le Cocq?

D was charged with selling alcohol to a drunk person

it did not matter that the D was unaware he was drunk

What happened in Harrow v Shaw?

the owners were liable for a cashier selling a 13 year old a lottery ticket

Is there a defence of reasonable precaution?

no

What decides if an offence is strict liability?

the act of parliament will make clear if Mens rea is needed or not

What if the law is unclear as to whether mens rea is required?

Judges will presume mens rea is required

What happened in Sweet v Parsley?

Students were smoking cannabis on D's property D was innocent as she was not blameworthy

What happened in B v DPP?

a boy solicited sex from an underage girl, believing she was over 14. the conviction was quashed for lack of an MR

What happened in Alphacell v Woodward?

a factory was fined for polluting a river

What point of law was decided in alphacell?

that if it is in the interest of public safety it is strict liability

WHat is absolute liability?

they may be guilty despite the AR being involuntary

WHat case demonstrates absolute liability?

larsoneurr

WHat happened in Larsoneurr?

she was deported to england against her will and was declared an illegal alien