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16 Cards in this Set
- Front
- Back
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What is a strict liability offence? + Case |
An offence that doesn't require a mens rea to be proven for one or more parts of AR (Pharmaceutical society of Great Britain v Storkwain Ltd) |
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Does the AR need to be completed voluntarily? |
AR must be proven, most strict liability offences require voluntary AR |
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What is absolute Liability? + case |
Cases where the D can commit the AR involuntarily (Larsonneur) |
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What is no fault requirement? + Case |
Can be convicted of voluntary act accidentally causes prohibited consequence (Callow v Tillstone) |
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What is due diligence? + case |
The defence of due diligence can be used if D can show all reasonable precautions have been taken to avoid the consequence. Not available for all strict liability offence (Harrow LBC v Shah) |
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What is No defence of mistake? + Case |
D cannot be acquitted if they had made an honest mistake (Cindy v Le Cocq) |
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What is the presumption of mens rea? + case |
The courts presume MR is required for all offences. Some statutes will include words that express or imply the offence is strict liability. A judge interpreting an act without any words indicting mens rea will start presuming mens rea (Sweet v Parsley) |
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What do the gammon tests determine |
If an offence is SL |
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What was stated in Gammon (Hong Kong) v A-G (Hong Kong) |
Courts should start with a presumption of MR then look at 4 tests |
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Test 1: When can the presumption be ignored? + case |
1. If the act uses words that indicate MR (intentionally, knowingly, etc.). However some will state no MR 2. If a particular section contains no MR words but others do it is likely SL (Harrow LBC v Smith) 3. If other sections state defence of due diligence but others done it is likely SL (Harrow LBC v Shah) |
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What is Test 2? |
The presumption should be followed if the offence is "truly criminal" |
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What is a truly criminal offence? + case |
A very serious offence which carries a social stigma. I.E an offence with penalty of imprisonment is unlikely to be SL (B v DPP) SL offences are known as quasi-crimes |
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What is Test 3? |
Presumption can be ignored if the act is concerned with an issue of social concern such as public safety |
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When can the presumption be displaced? |
When the statute concerns an issue of social concern |
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What is test 4? |
Strict liability should only apply if it would help enforce the law |
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What is the purpose of SL? |
To make the law more effective so if an SL offence wouldn't then it probably won't be |
