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Strict Liability
| Question | Answer |
|---|---|
| What is strict liability offences | Offences that do not require proof of Mens Rea That Actus Reus is enough to make the person guilty of an offence |
| What is the general rule | The general rule is that judges will start by implying that all criminal offences require MR unless stated otherwise |
| What is the case for the Gammon test | Gammon (Hong Kong) Ltd v AG for Hong Kong |
| What is the Gammon Test | Sets out the criteria for a crime to be considered strict liability |
| What are the 4 points of the Gammon test and their cases | 1.Truly criminal 2.Statute must clearly exclude Mens Rea-Sweet v Parsely 3.Only for public safety or social concern-London Borough of Harrow V Shah 4.Encouraging Greater vigilance-Alphacell v Woodward |
| What are the reasons for strict liability | saves court time and cost Encourages compliance with the law easier to provea |
| What are the arguments against strict liability | no evidence that it improves standards imposing strict liability goes against human rights-R v G Some strict liability offences carry social stigma-R v G |
| What is absolute liability | State of Affairs-D can be found guilty if he has not committed the AR voluntarily Offence does not require MR Larsonneur |
Created by:
myacutts1