1912665
Description
Mind Map by alexandra.sermon, updated more than 1 year ago
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Created by alexandra.sermon
over 9 years ago
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STRICT
LIABILITY
- What do we know already?
- Actus reus + mens rea = criminal liability
- Actus reus + mens rea = criminal liability
- However, for strict liability offences...actus reus = criminal liability
- Mens rea is not needed
- Just performing the ACT is sufficient
- Eg. speeding offence = £100 fine & 3 points on licence
- Mens rea is not needed
- Which 'crimes' do strict liability apply to?
- Protection of the environment
- food safety
- road traffic offences
- social concern
- public safety
- Historical setting - why did SL offences come
about?
- industrial revolution
- worker protection
- industrial revolution
- Protection of the environment
- Sweet v Parsley (1970)
- Mrs Sweet rented cottage out to students
- Students smoking cannabis
- Sweet rarely visits, only to collect mail
- Keeps one room locked for her use
- Keeps one room locked for her use
- Q. could she be held strictly liable for allowing her property to be used for drug
taking?
- Ratio: the Misuse of Drugs Act was silent about whether MR was required. The crime here was not strict liability
- Ratio: the Misuse of Drugs Act was silent about whether MR was required. The crime here was not strict liability
- Mrs Sweet rented cottage out to students
- Larsonneur (1933)
- D ordered to leave UK and went to Ireland
- Irish police deported her back - she was arrested
- It did not matter that she had been brought back by the Irish police against her will
- D ordered to leave UK and went to Ireland
- Shah (1999)
- staff were trained
- notices in shop window
- were asked to refer to manager if in doubt
- notices in shop window
- guilty of selling lottery tickets to a 13 yr old boy
- staff were trained
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