Define Strict Liability.
- Crimes which don’t require Mens Rea
- D is guilty because he/she did Actus Reus (voluntarily), therefore no need to prove Mens Rea
Explain Absolute Liability.
- When D has been guilty even though they didn’t do Actus Reus volunatrily
- Therefore no Mens Rea and Actus Reus isn’t volunatrily
- Involves ‘Status Offences’- Actus Reus is a State of Affairs
Explain Strict Liability- No Fault.
- Actus Reus must usually be voluntary, occasionally D convicted if involuntary act inadvertently caused a prohibited consequence
Explain Strict Liability- No ‘Due Diligence’ Defence.
- If D can show they did all they could in their power to NOT commit offence, won’t be liable
- No reasonable/sensible pattern to when Parliament has decided this defence is available, argued it should be available for all offences of strict liability.
Explain Strict Liability- No Defence of Mistake.
- For Strict Liability, defence of mistake isn’t available
- If it was available, then D would be acquitted if they made an honest mistake.
Explain Strict Liability- Common Law.
- Nearly all Strict Liability offences created by statutes, very rare at common law
- 3 existing common-law offences: public nuisance (e.g. underage drinking), criminal libel (e.g. attempted rape), outraging public decency.
Explain Strict Liability- Statute Law.
- Over half of all statutory offences are ones of strict liability
- Most offences are regulatory in nature and include matters such as: sale of food, sale of alcohol, safe use of vehicles, e.t.c
Explain Strict Liability- Gammons Test
- Necessary to decided whether it had to proved they knew that their deviation was material or whether offence was one of strict liability
- Privy Council started with presumption that Mens Rea is required before a person can be held guilty of a crim offence and that this presumption also applied to statutory offences.
4 Factors Should be considered:
- Presumption of Mens Rea only displaced if clearly or by necessary implication the effect of the words of the Statute
- Presumption particularly strong where offence is ‘truly criminal’ in character
- Presumption only displaced if statute is concerned with issue or social concern, e.g. public safety
- Strict liability only applied if helps enforce law by encouraging greater vigilance to prevent commission of prohibited act
State the Justifications for Strict Liability.
- Saves Court time as people are more likely to plead guilty
- Helps protect society by promoting greater cover over matters by public safety- public policy
- Encourages higher standards in such matters as hygiene in processing and selling food.
State the Arguments against Strict Liability.
- Makes people that aren’t blameworthy guilty
- Those unaware of risks still guilty
- Strict Liability is contrary to Human Rights
