Strict Liability

• What is the liability equation in strict liability cases?

  Actus Reus + Absence of Defence = Strict Liability
• What is the main characteristic of strict liability?


  There is no proof of mens rea required.
• What historical period contributed to the development of strict liability?


  The Industrial Revolution.
• What was the purpose of introducing strict liability offences during the Industrial Revolution?


  To improve health and safety standards.
• What is the Gammon Principle related to strict liability?


  It presumes mens rea unless the statute clearly excludes it.
• In which case was the Gammon Principle established?


  Gammon (Hong Kong) Ltd v AG of Hong Kong (1984).
• What must a statute do to displace the presumption of mens rea?


  The statute must clearly exclude mens rea.
• What is the significance of the case Sweet v Parsley (1969) regarding mens rea?


  It established that there is a presumption of mens rea for true crimes.
• What type of offences are typically classified as strict liability?


  Regulatory offences.
• What are examples of strict liability offences?

  • Callow v Tillstone (1900) – selling food unfit to eat
  • Cundy v Le Cocq (1984) – selling alcohol
  • Harrow LBC v Shah and Shah (1999) – selling a lottery ticket to a child
  • Alphacell (1972) – pollution
• What happened in the case Callow v Tillstone (1900)?


  A butcher was convicted for selling unsound meat despite taking reasonable care.
• In Cundy v Le Cocq (1884), what was the basis for the conviction?


  The sale of alcohol to a drunken person was complete upon proof of the sale.
• What was the outcome of Harrow LBC v Shah and Shah (1999)?


  Both defendants were convicted despite their efforts to prevent underage sales.
• What was the ruling in Alphacell (1972) regarding pollution?


  The company was guilty despite no evidence of negligence or knowledge of pollution.
• What does the existence of a custodial sentence imply about an offence?


  It suggests the offence is 'truly criminal' rather than strict liability.
• What was the significance of B v DPP (2000) regarding mens rea?


  The case highlighted that serious offences carry a greater presumption of mens rea.
• What is the due diligence defence in strict liability offences?


  If a defendant shows they did everything possible to avoid the offence, they may not be guilty.
• How does the defence of mistake apply to strict liability offences?


  An offence is likely to be strict liability if there is no defence of mistake available.
• What distinguishes Cundy v Le Cocq (1884) from Sherras v De Rutzen (1895)?


  Cundy had an observable fact (intoxication), while Sherras involved a mistaken belief about a police officer's duty.
• What is one of the main principles of Gammon (1984) regarding social concern?


  The presumption of mens rea can be displaced if the statute addresses social concern.
• What was the outcome of Blake (1997) regarding strict liability?


  The DJ was convicted for transmitting without a license, despite his belief he was not transmitting.
• What does the case Lim Chin Aik v The Queen (1963) illustrate about strict liability?


  It shows that strict liability should assist in enforcing regulations.
• What is absolute liability?


  Defendants are guilty without mens rea or voluntary actus reus in rare situations.
• What case exemplifies absolute liability?


  Winzar v Chief Constable of Kent (1983).
• What was the ruling in Larsonneur (1933) regarding absolute liability?


  The conviction was upheld despite the defendant not voluntarily entering the UK.
• What types of offences are typically strict liability?


  Most strict liability offences are created by statute.
• What is the significance of the case Lemon and Whitehouse v Gay News (1979)?


  It established that blasphemous libel is a strict liability offence.
• What are the key principles for deciding if an offence should be strict liability?

  1. Statutory SL offences follow the Gammon principles.
  2. The presumption of mens rea can be displaced for social concern.
  3. Strict liability should promote enforcement of the law.
  4. Offences should be regulatory rather than truly criminal.
  5. Statutes must clearly exclude mens rea.
• What is a quasi-criminal offence?


  An offence that is not truly criminal but still carries penalties similar to criminal offences.
• Which case had a maximum sentence of two years imprisonment but was not strict liability?


  B v DPP (2000).
• Which two defences might help determine if an offence is strict liability?


  Due diligence defence and defence of mistake.
• How is absolute liability different from strict liability?


  Absolute liability does not require mens rea or voluntary actus reus.
• Name a case that exemplifies absolute liability.


  Winzar v Chief Constable of Kent (1983).
• What should be included in an essay plan discussing strict liability principles?


  • Intro: Define the subject matter.
  • Main Body:
  • Make a point
  • Explain the law
  • Provide an example
  • Analyze implications
  • Consider counter-arguments
  • Conclusion: Answer the question with strongest arguments.