Strict liability

Cards (6)

  • Definition
    • Defences that require no fault
    • No mens rea or only partial
  • Example
    • Less serious cases
    • e.g. speeding + claim not to know = liable
  • Cases
    • Sweet v Parsley
    • R v Williams
  • Reasons FOR SL
    • Saves time + money
    • Acts as a deterrent
    • Places fault on individuals to be responsible for their actions
  • Reasons AGAINST SL
    • Guilty even if unaware of risk
    • Doesn't improve standards
    • Contrary to human rights
    • Make someone liable even if not blameworthy
  • Absolute Liability
    • No MR required + AR doesn't need to be voluntary
    • Status offences - AR is a state of affairs - D liable as they were found in a certain situation
    • R v Larsonneur