strict liability

Question 1

facts about strict liability

Answer 1

• established during the industrial revolution to improve working conditions
• no men’s rea needed

Question 2

pros

Answer 2

+ Costs less time and money than proving mens rea.

+ Protects society by promoting a higher standard of care in certain situations.

+ Easy to impose strict liability; acts as a deterrent.

+ Small penalties for strict liability crimes appropriate if defendant made a mistake or acted in due diligence.

+ Makes regulations straightforward.

+ Prevents defences being raised as an excuse.

Question 3

cons

Answer 3

• doesnt take into account the full situation CASE Pharmaceutical Society of Great Britain v STORKWAIN Ltd (pharmacist charged for supplying drugs without a valid prescription under Medicines Act 1967 despite being unaware that the signature on the prescription was forged)
  CASE WINZAR
• Possibility of injustice due to no defence of mistake or due diligence.
• Role of judges risks inconsistency when imposing strict liability.
• Is strict liability actually a deterrent? Small penalties may not be enough to deter some.
• Does strict liability breach ECHR (article 6: innocent until proven guilty)?

Question 4

what test s used to determine if one is strict liability

Answer 4

gammon test
- is the offecne a true crime
- is it an issue of public concern HARROW V SHAH AND SHAH lottery ticket
- did parliement intend for ht offense to be strict liabei=ility by looking at the wording of the statue
- gravity of the punishment