Strict liability

Question 1

What are strict liability offences?

Answer 1

Strict liability offences are crimes where the prosecution does not need to prove mens rea for at least one element of the actus reus.

Question 2

In a strict liability offence when may the defendant still be liable?

Answer 2

In strict liability offences, the defendant may be liable even if they did not intend, know, or foresee the prohibited consequence.

Question 3

What are strict liability offences usually created by?

Answer 3

These offences are usually created by statute.

Question 4

What are strict liability offences commonly used for?

Answer 4

They are commonly used to regulate activities affecting public safety, health, or welfare.

Question 5

What happened in Harrow London Borough Council v Shah and Shah?

Answer 5

In Harrow London Borough Council v Shah and Shah shopkeepers sold a lottery ticket to a person under 16. Even though they reasonably believed the customer was old enough, they were still held liable because the offence was one of strict liability.