Strict Liability

Cards (8)

  • Strict liability offences is when there's no need to prove any mens rea.
    Harrow LBC v Shah
  • Strict liability offences are usually regulatory offences for public protection.
  • Statutes will make it clear if an offence is one of strict liability. However, this isn't always clear so the judge will have to decide.
  • Sweet v Parsley: Starting point for judges presumptions of MR.
  • Reasons for strict liability include:
    1. Food safety
    2. Pollutions
    3. Heath and safety
  • Smedleys v Breed: Food Safety
  • Alphacell v Woodward: Pollutions
  • Atkinson v Sir Alfred McAlpine: Health and Safety