Strict Liability Flashcards, Law

What is meant by crimes of Strict Liability?

Describe the case of CALLOW v TILLSTONE re. strict liability crimes:

How can the imposition of strict liability be justified?

What is a crime of absolute liability?

What is the difference between crimes of Strict Liability and Absolute Liability?

What are some common law strict liability offences?

How can the courts tell if an statutory offence is of strict liability?

What is the presumption in law re. mens rea in strict liability cases?

Describe the case of SWEET v PARSLEY re. the presumption of mens rea in strict liability cases:

Describe B v DPP, the most significant ruling on the application since SWEET v PARSLEY:

What are the tests in the GAMMON TEST to see if a crime's mens rea can be rebutted or displaced so the crime can be seen as strict liability?

Describe the process of Looking at wording of an act as part of the GAMMON test re. strict liability crimes:

Describe the case of SHEPPARD AND SHEPPARD re. looking at the words of the act from the GAMMON TEST:

Describe the case of STORKWAIN re. looking at the words of the act from the GAMMON TEST:

What is a Quasi Crime?

Describe HARROW LBC v SHAH AND SHAH re. quasi crimes and social danger in strict liability crimes:

Describe strict liability offences re. food safety breaches and causing pollution:

Describe the degree of social danger as a factor affecting strict liability according to the GAMMON TEST:

Describe ALPHACELL v WOODWARD in relation to the GAMMON TEST when deciding the degree of social danger and strict liability:

Describe the Promotion of higher standards and/or observance of the law as part of the GAMMON TEST re. strict liability crimes:

Describe the Severity of the punishment as part of the GAMMON TEST when deciding whether a crime is strict liability:

What is the name of the defences that can be used for strict liability cases?

Describe the case of TESCO v NATTRASS re. Due Diligence Defences relating to strict liability offences:

Do Due Diligence offences work for every strict liability offence?