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5 Cards in this Set

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  • Back

What is a strict liability crime

Crimes that require no proof of MR in relation to one or more aspects of the AR. Simply having the AR will be sufficient to convict

Sweet Vs parsley

The house of lords held that she was not guilty as the presumption that MR was required had not been rebutted

Why was strict liability created

For offenses not felt to be 'truly criminal' eg in the industrial revolution there were many abuses of factory workers because MR was hard to prove

What is lord scarman's criteria for strict liability set out in Gammon vs AG for hong kong

·presumption of MR, especially if 'truly criminal'


·statute must clearly exclude MR


·Presumption is rebutted if there is an issue of public concern or safety


·presumption still stands unless it ensures greater vigillance

RvG

The MR for statutory rape is that the penetration is intentional.there did not need to be MR regarding her age. The policy of the legislation is to protect children