Strict Liability

Question 1

What is strict liability?

Answer 1

Offences where MR is not required

Question 2

What is the most common type of strict liability offence?

Answer 2

Road traffic offences

Question 3

Name two cases on absolute liability.

Answer 3

• Larsonneur
• Winzar

Question 4

What is the principle in Sweet v Parsley?

Answer 4

The court presumed that the offence required MR

Question 5

Name the case which gives the test for strict liability.

Answer 5

Gammon v AG of Hong Kong

Question 6

What is the principle in Blake?

Answer 6

Liability can be justified in the interests of public safety

Question 7

What are the facts in Callow v Tillstone?

Answer 7

D exposed unfit meat for sale despite taking reasonable steps to avoid it

Question 8

What is the principle in Pharmaceutical Society of GB v Storkwain?

Answer 8

Ds can be guilty of SL offences even if they have not acted dishonestly or negligently

Question 9

What is the principle in Alphacell v Woodward?

Answer 9

The offence was one of strict liability, protecting society from pollution

Question 10

What are the facts in Harrow LBC v Shah and Shah?

Answer 10

Ds sold a lottery ticket to a person under 16 despite trying to avoid it

Question 11

Why is strict liability necessary?

Answer 11

To regulate businesses and protect citizens successfully

Question 12

Why is strict liability problematic?

Answer 12

E.g. injustice, lack of blameworthiness

Question 13

Fill in the blank: Strict liability conflicts with the usual principle of criminal law, covering regulatory offences such as _______.

Answer 13

[health and safety, pollution control, road traffic offences]

Question 14

What does absolute liability imply?

Answer 14

Harsh but easy to prosecute

Question 15

What is the Gammon test?

Answer 15

A test to determine if mens rea is required for a crime

Question 16

What does Sweet v Parsley establish?

Answer 16

Presumption in favour of mens rea

Question 17

What is the significance of the case Blake in relation to strict liability?

Answer 17

Public policy decision prioritizing safety

Question 18

What was the outcome in Callow v Tillstone?

Answer 18

D was guilty despite taking reasonable steps

Question 19

What rationale was given in Harrow LBC v Shah and Shah for imposing liability?

Answer 19

Underage gambling is an issue of social concern

Question 20

What is the role of Parliament regarding strict liability?

Answer 20

Should specifically state if it is SL

Question 21

What is a potential defense in strict liability cases?

Answer 21

Due diligence defense

Question 22

True or False: Strict liability offences are seen as ‘real’ crimes.

Answer 22

False

Question 23

What is the significance of the case Larsonneur?

Answer 23

Conviction upheld despite lack of voluntary action

Question 24

What principle is established by the case Winzar?

Answer 24

Liability based solely on being drunk on public highway

Question 25

What reasoning justified the harsh decision in Callow v Tillstone?

Answer 25

Society was being protected from unfit meat

Question 26

What does strict liability aim to achieve in the context of public health?

Answer 26

Raising standards and ensuring public safety