strict liability

• What are strict liability offences?

  Where the mens rea element is not a requirement for all or part of when the actus reus element is happening.

  Many driving offences are strict liability e.g., s.143 of the Road Traffic Act 1988 - driving without insurance.
• Within the topic of strict liability, it is important to understand different aspects of these types of offences; absolute liability, strict liability, no fault, no due diligence defence, no defence of mistake.
• Absolute liability


  This is where no mens rea is required at all. (R v Larsonneur)

  The actus reus aspect, of an offence under absolute liability, can be committde involuntarily and still lead to someone being criminally liable.

  Crimes under this category are in a 'state of affairs'.
• Strict liability


  Strict liability offences are where the mens rea element is not required for at least one part of the actus reus. (R v Prince)
• No fault


  Under strict liability offences, a defendant may find themselves being convicted even when they are not blameworthy. (Callow v Tillstone)
• No due diligence defence


  A 'due diligence' defence is where a defendant can show they have done everything that could within their power to not commit the offence (Harrow LBC v Shah and Shah)