Strict Liability

Subdecks (2)

Cards (14)

  • Strict liability
    MR is not required when there is at least one aspect of AR
  • Absolute liability
    No MR and no voluntary AR
    R v Larsonneur
  • No fault
    A defendant can be convicted if their voluntary act inadvertently caused a prohibited consequence
    Callow v Tillstone
  • No due diligence defence
    • where the D has done all they can to not commit the offence
    • butcher would not be guilty in Callow v Tillstone
  • No defence of mistake
    • if it is available the D will found innocent when they make an honest mistake
    • Cundy v Le Cocq
  • SL in common law
    Only used in three offences
    1. Public nuisance
    2. Criminal libel
    3. Outraging public decency
    Gibson and Sylveire
  • SL in statute law
    • In over 3500 offences
    • e.g. sale of food/alcohol or prevention of pollution