Strict Liability

• What is the definition of strict liability?

  Crimes which require no mens rea
• What does it mean that strict liability offences do not require mens rea?

  You can be guilty without intent or reasoning
• In what type of offences is strict liability mostly found?

  Regulatory offences
• Why are strict liability offences generally not very serious or stigmatised?

  They regulate behavior rather than harm
• Give an example of a strict liability offence.

  Speeding
• What was the case example of Storkwain about?

  A pharmacist providing drugs with a forged prescription
• What must the act be in strict liability offences?

  Voluntary
• What was the case of Callow v Tillsone about?

  A butcher selling unsound meat on vet's advice
• What is the defence available in strict liability cases?

  Due diligence
• What was the case example of Harrow v Shah about?

  Giving lottery tickets to a minor
• How is strict liability decided?

  Using the Gammon guidelines
• What is the presumption regarding mens rea in strict liability?

  Mens rea is presumed to be required
• When is the presumption of mens rea very strong?

  If the crime is truly criminal
• What was the case example of B v DPP about?

  Harassment of a minor for oral sex
• What indicates mens rea in strict liability cases?

  Words indicating mens rea
• Can the presumption of mens rea be rebutted?

  Yes, it can be rebutted
• What are the justifications for strict liability?

  • Raises standards of care
  • Saves court time with guilty pleas
  • Does not carry a prison sentence
  • Protects the public
  • Lacks social stigma (B v DPP)