strict liability

• What is strict liability (SL)?

  Offences where MR is not required
• What must be proved for most SL offences?

  The AR must be proved
• What happens if a defendant did not intend or was reckless?

  They may still face a criminal conviction
• What are the two types of strict liability?

  • Absolute liability: No need to prove voluntary AR/MR
  • Strict liability: No need to prove MR
• What is the nature of absolute liability crimes?

  AR is simply ‘being’ rather than ‘doing’
• What case involved the aliens order of 1920?

  R v Larsonneur 1933
• What case involved the Licensing Act of 1872?

  Winzar v Chief Constable of Kent 1983
• What did Lord Goff LJ state in Winzar?

  Offence deals with nuisance from drunk persons
• What did Parliament intend regarding certain crimes?

  To punish without a guilty mind
• How are most strict liability offences created?

  • Generally created by Parliament
  • Courts prefer an element of MR first
  • Some are from common law
• What are the Gammon factors used for?

  To determine if something is SL
• What was the case involving builders and a collapsed building?

  Gammon HK v A-G 1985
• What are the four times a statute might be a SL offence?

  True crime, social concern, MR in statute, gravity of punishment
• What was the outcome of Sweet v Parsley 1970?

  Conviction was quashed in the HoL
• What did the HoL state regarding crimes with social stigma?

  They should require MR
• What was the charge against D in Harrow LBC v Shah 1999?

  Selling a lottery ticket to a child
• What did the judges say in Harrow LBC v Shah?

  It was a matter of social concern
• What does Alphacell v Woodward determine?

  If Parliament used any MR in the statute
• What does Callow v Tillstone 1900 indicate about punishment?

  If small, more likely to be SL