Strict Liability
These are offences that do not require the MR to be proved for at least one part of the AR. In otherwords the P no longer have to prove the D has any awareness of committing a crime, just that the physical conduct or omission (AR). Most SL offences are created in Acts of Parliament and normally only result in a fine. We have SL offences because:
1.SL offences are those where the publics’ safety is more important than the potential injustice of a crime that requires little or no knowledge on behalf of the D to be proved. Alphacell v Woodward: where the D company polluted a river which fed into the drinking water supply. As this was a SL offence eventhough the company had taken all reasonable precautions to stop the pollution they were still guilty of the offence. Public safety for drinking water was more important than allowing the company a defence of taking all reasonable steps to stop the pollution and acts to raise standards for safe drinking water.
2.Encourages companies and those providing services to the public to take greater care in what they do. Shah v Shah:
3.Makes it easier for the P to prove an offence where the publics’ safety and well being is at stake as no need to prove any knowledge (MR) of the offence.
4.As it is much more likely for the P to get a prosecution the D is more likely to plead guilty resulting in cheaper costs to the public and better compliance with the law.
5.The publicity caused by companies being found guilty of SL offences acts as a deterrent to other potential offenders
6.They attract little social stigma to the offending company/individual other than to encourage the higher standard of care in what they do - they are therefore called regulatory of quasi criminal offences due to this lack of social stigma and harsh punishment.
Should the following be classed as SL offences or not. Give a reason for your answer:
D, a butcher buys meat to sell to the public and before he buys it he asks a vet to certify it is fit for human consumption. The vet says it is fit for human consumption. Unfortunately the meat is not fit for human consumption and the D is charged with selling unfit meat.
Case Name:
However some Acts require judges to interpret a statute to ensure that it is an offence of SL. Use the following rules to determine if the following offences are SL or not.
1.Start off by presuming an offence created by parliament requires proof of MR.
2.If the offence carries a prison sentence and is likely to carry a social stigma for the D the presumption of proving MR is much stronger.
Sweet v Parsley
A schoolteacher was convicted under s 5 (b) of the Dangerous Drugs Act 1965 for having been 'concerned in the management of premises used for the purpose of smoking cannabis', punishable by a prison sentence of 5 years. D appealed on the grounds that she had no knowledge of what her tenants were doing in her rented house.
Strict Liability Introduction activity
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Basic definition: Strict Liability is any offence that doesn’t require mens rea to be proved.
Accurate definition: Strict liability is any offence that doesn’t require mens rea to be proved for one or more elements of the actus reus
Example:
S18 OAPA: The D is guilty of an offence if they specifically intend to cause a wound or GBH.
A strict liability offence for S18 (if it existed) might look like this:
S18 Strict liability: The D is guilty of an offence if they cause a wound or specifically intend to cause GBH.
Task: In one sentence write down which part of the amended S18 offence does not require mens rea.
Tick the boxes below (as many as you think are correct) based on what you think are the benefits of strict liability offences:
Potential Benefit / Your choice / Correct Benefits / Related case nameEasier for the P to prove
Unfair on the D
Takes less time for a case in court
Encourages companies/D’s to comply with the law
It is harder for the P to prove
It prevents defences being raised as an excuse
Makes regulating areas of the law that affect public health easier
Protects the public from companies/D’s who do not take proper care
As the punishment is normally only a fine there is little social stigma in being found guilty