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7 Cards in this Set
- Front
- Back
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Absolute liability. |
In offences of absolute liability, (which is rare) the offence requires no means and the defendants actions don't have to be voluntary. |
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Two cases: |
Larsonneur - Deported from Ireland to England. Winzar v Chief Constable of Kent. - Drunk on highway. |
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Strict Liability |
No mens rae needs to be proved in respect of the actus Reus but the actus reus needs to be proved. Most of these are statutory. |
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How do we know it's Strict Liability? |
If contains one of the words 'intentionally, wilfully, permitting and suffering' then it's not one. It must contain one of the words 'posses, use, cause' |
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Gammon v A-G set what ou tlines? |
Presumption of law that mens rae is required before a person can be held guilty of a criminal offence. |
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If there is nothing indicating mens rae... |
The courts presume all criminal offences require mens rea. Sweet v Parsley, Found guilty under Strict Liability (Concerned in the management of the premises) appealed as it was wrongly interpreted. |
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Strict Liability offences tend to involve issues of social concern. They are regulatory offences rather being truly a crime. Max punishment is usually a crime. |
Harrow LBC v Shah 1999 - Tried to stop under 16s buying tickets. Still found strictly liable and fined despite no mens rea. Callow v Tillstone - Butcher sold meat not fit for consumption. Despite getting advice still liable. |
