Copyright … Strode’s College Laws students are free to make use of this ‘Pdf Print files’ for study purposes (they should print them off and take them to class). Others should ask before copying or using these ‘ Pdf Print Files ’. Copyright of Dr Peter Jepson -

Strict Liability Ensure all mobiles are switched off. Have your précis notes (Ch.4 Criminal Law for A2 by J. Martin) to hand at every lesson and so they can be checked. Feel free to ask questions – just raise your hand first. 1

Strict Liability Offences… It must be proved that D did the relevant actus reus voluntarily. Mens rea, however, is not always required to be proved. See Pharmaceutical Society of Great Britain v Storkwain Ltd (1986) 2

No fault… D can be convicted if his act inadvertently caused a prohibited consequence - even though D might have been totally blameless. See Callow v Tillstone (1900) 3

“Due Diligence” defence D will not be liable if he can show that he did all that was within his power not to commit the offence. Defence not always available though – see Harrow London Borough Council v Shah and Shah (1999) 4

Common Law Strict liability is very rare in common-law offences and only exists in the following: Public Nuisance Criminal Libel Blasphemous Libel Criminal Contempt of Court (now a statutory offence anyway) 5

Statute Law Half of all statutory offences are ones of strict liability. Usually regulatory in nature. Involve matters such as regulating the sale of food and alcohol and the prevention of pollution. 6

Presumption of mens rea Courts start by assuming that mens rea is always required unless Parliament has indicated otherwise. See Sweet v Parsley (1969). 7

Gammon Ltd v A-G of Hong Kong (1984) What factors did the Privy Council say should be considered before a person can be held guilty of a criminal offence? 8

Quasi-Criminal Offences Offences which are regulatory in nature are not thought of as being truly criminal matters. Regulatory offences affect large areas of everyday life – can you think of some examples? 9

“Truly Criminal” Offences Less likely to be interpreted as offences of strict liability. See B v DPP (2000) (make notes on this case. However, some offences carrying imprisonment have been made strict liability offences – e.g. Storkwain. 10

Issues of Social Concern Allow strict liability to be justified in a wide range of offences. Covers any activity which is a “potential danger to public health, safety or morals”. See Blake (1997) 11

For and Against…. Students should break into law firms to research and present either: the justifications for strict liability;or the arguments against strict liability Use Diana Roe textbook for more cases. 12

Exam Practice Students should produce a detailed essay plan for question 2 (Jet Skis Are Us Ltd) on p “Criminal Law for A2” by J. Martin. 13