NO FAULT

Cards (8)

  • Even though the defendant is totally blameless in respect of the consequence, he or she can still be convicted e.g. Callow v Tillstone
  • CALLOW v TILLSTONE (1900) - A butcher sold meat that had been passed fit to sell by a vet. The meat was found to be unfit. The butcher was guilty even though he was not at fault in any way. No defence of no fault is available
  • Callow v tillstone shows that there is no automatic due diligence defence
  • due diligence - where the defendant has done all that was within his power not to commit an offence
  • Even where the defendants took all reasonable steps to prevent the offence, they are still guilty e.g. Harrow LBC v Shah and Shah
  • HARROW LBC v SHAH AND SHAH (1999) - A lottery ticket was sold to an under age boy although defendants had asked staff to check proof of age. Defendants were guilty even though they had done their best to prevent such an offence happening. The offence was one of strict liability
  • There is no defence of mistake e.g. Cundy v Le Cocq
  • CUNDY v LE COCQ (1884) - the defendant was charged with selling intoxicating liquor to a drunken person. The individual had not displayed any signs of being drunk. The defendant was guilty as it was a strict liability offence