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7 Cards in this Set
- Front
- Back
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Strict Liablility |
Inludes an actus reus but no mens rea. By commiting the offence you are guilty e.g. motoring offences. |
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Examples |
Matters of social concern Usually regulatory offences - Prevention of pollution- Alphacell v Woodward - Food Safety- Smedly Ltd v Breed - Protecting kids from tobacco, alcohol and gambling- Harrow LBC v Shah |
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Truly criminal offences |
Mens rea is required- Sweet v Parsley |
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Criteria For Imposing Strict Liablility |
- Laid out in Gammon Ltd v Attorney General for Hong Kong - Presumption of mens rea - Truly criminal act - Statute must clearly exclude mens rea - Only for public safety concerns - Encouraging greater vigilance |
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Used to Protect the Public |
- Only where a fine is imposed - Less likely for prison sentence |
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Advantages of Strict Liability |
- Easy to enforce - Saves court time - Protects society |
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Disadvantages of Strict Liability |
- Makes people who aren't blame worthy guilty |
