Case Glossary
Criminal law
Strict Liability
Case Name Facts Principle Picture
D supplied drugs on A strict liability offence
Pharmaceutical prescriptions but the only requires an AR to
Society of Great prescriptions were later to be proved, no mens
Britain be found forged. D was rea is needed. The AR
v guilty as they supplied must be voluntary.
Storkwain Ltd drugs without genuine
prescription (AR).
Butcher sold unfit meat
Callow even though it was certified
v as safe by a vet before --------------------------
Tillstone selling it. He was convicted
- he did it. (AR)
Owners of shop knew the
Harrow London rules about sale of lottery
Borough tickets to under 16s, staff
Council v told not to, notices up in --------------------------
Shah shop. One staff member did
it (seemed older). Guilty -
they did it (AR)
Sweet sublet rooms to If an act of parliament
students, who unknown to makes it clear the MR
Sweet her smoked cannabis there. is not required, the
v Her conviction was quashed offence is one of strict
Parsley on appeal as it required MR liability.
- the statute didn’t
specifically exclude it.
D deviated from plans while Offences which are
constructing a building, he regulatory and not a
Gammon Ltd admitted it but argued only ‘true crime’ are likely
v in a minor way. The to be seen as strict
AG for Hong presumption of the law that liability offences.
Kong mens rea is required was
displaced as it put public
safety at risk.
, 14 year old boy incited a 13 ‘Truly criminal’
year old girl of gross offences require mens
B indecency, and reportedly rea to prove it.
v asked her to perform oral
DPP sex with him on a bus - she
refused. He thought she
was over 14, he was found
guilty, then it was quashed
as MR was needed.
Company took reasonable If a crime is of ‘social
precautions to prevent concern’ or ‘public
Alphacell pollution from its works safety’ the
v entering a river - pump presumption of the MR
Woodward clogged and it entered is proved false and it
anyway. Company was becomes an offence of
found guilty - SL applied. SL.
Housewife found dead If a crime is of ‘public
caterpillar in a tin of peas. safety’ or greater
Smedley 4/3.2million had a caterpillar vigilance is
v in it. Food was unfit for encouraged the
Breed human consumption - SL presumption of the MR
was imposed. is proved false and it
becomes an offence of
SL.
Unlicensed radio station If a crime is of ‘public
was being broadcast and safety’ the
Blake was going through presumption of the MR
emergency radio, putting is proved false and it
public safety at risk. D becomes an offence of
claimed he didn't know he SL.
was transmitting.
Criminal Liability
Case Name Facts Principle Picture
Train gate left open, man Guilty due to omission
Pitwood killed on tracks. Pitwood when a contract
(gatekeeper) convicted of requires you to do so.
manslaughter.
, Dytham (policeman) saw Guilty due to omission
someone being killed and did when a person's
Dytham nothing. Dytham was public position
convicted of misconduct in a requires them to.
public offence.
Millier fell asleep on a Guilty when a person
mattress with a cigarette, was fails to minimise the
Miller woken by flames, just went in harmful
other room to sleep. Was consequences due to
convicted of criminal damage their own act - chain
- he didn't stop it. of events.
D’s live together and stones Guilty due to omission
sister came to join, she was where a person
Stone & anorexic and died. Both D’s voluntarily assumes a
Dobinson convicted of manslaughter as duty.
they had taken on a duty of
care, and failed to do so.
Child deliberately starved by Guilty due to omission
Gibbins & father, D convicted of murder where a relationship
Proctor - Parent-child relationship gives you a duty to do
required him to care for her so.
(feed her).
French woman deported The AR can be a
against her will from Ireland ‘state of affairs’ for
to England, got to England, which the D is
Larsonneur charged with the offence of responsible
being an illegal alien. (combination of
circumstances at a
given time).
D fell asleep while driving The AR must be
and hit Hill. He acted voluntary for the D to
Hill v Baxter voluntarily by recklessness be found guilty.
(fell asleep). Court gave an
involuntary example - if lots
of bees flew in the car.
Criminal law
Strict Liability
Case Name Facts Principle Picture
D supplied drugs on A strict liability offence
Pharmaceutical prescriptions but the only requires an AR to
Society of Great prescriptions were later to be proved, no mens
Britain be found forged. D was rea is needed. The AR
v guilty as they supplied must be voluntary.
Storkwain Ltd drugs without genuine
prescription (AR).
Butcher sold unfit meat
Callow even though it was certified
v as safe by a vet before --------------------------
Tillstone selling it. He was convicted
- he did it. (AR)
Owners of shop knew the
Harrow London rules about sale of lottery
Borough tickets to under 16s, staff
Council v told not to, notices up in --------------------------
Shah shop. One staff member did
it (seemed older). Guilty -
they did it (AR)
Sweet sublet rooms to If an act of parliament
students, who unknown to makes it clear the MR
Sweet her smoked cannabis there. is not required, the
v Her conviction was quashed offence is one of strict
Parsley on appeal as it required MR liability.
- the statute didn’t
specifically exclude it.
D deviated from plans while Offences which are
constructing a building, he regulatory and not a
Gammon Ltd admitted it but argued only ‘true crime’ are likely
v in a minor way. The to be seen as strict
AG for Hong presumption of the law that liability offences.
Kong mens rea is required was
displaced as it put public
safety at risk.
, 14 year old boy incited a 13 ‘Truly criminal’
year old girl of gross offences require mens
B indecency, and reportedly rea to prove it.
v asked her to perform oral
DPP sex with him on a bus - she
refused. He thought she
was over 14, he was found
guilty, then it was quashed
as MR was needed.
Company took reasonable If a crime is of ‘social
precautions to prevent concern’ or ‘public
Alphacell pollution from its works safety’ the
v entering a river - pump presumption of the MR
Woodward clogged and it entered is proved false and it
anyway. Company was becomes an offence of
found guilty - SL applied. SL.
Housewife found dead If a crime is of ‘public
caterpillar in a tin of peas. safety’ or greater
Smedley 4/3.2million had a caterpillar vigilance is
v in it. Food was unfit for encouraged the
Breed human consumption - SL presumption of the MR
was imposed. is proved false and it
becomes an offence of
SL.
Unlicensed radio station If a crime is of ‘public
was being broadcast and safety’ the
Blake was going through presumption of the MR
emergency radio, putting is proved false and it
public safety at risk. D becomes an offence of
claimed he didn't know he SL.
was transmitting.
Criminal Liability
Case Name Facts Principle Picture
Train gate left open, man Guilty due to omission
Pitwood killed on tracks. Pitwood when a contract
(gatekeeper) convicted of requires you to do so.
manslaughter.
, Dytham (policeman) saw Guilty due to omission
someone being killed and did when a person's
Dytham nothing. Dytham was public position
convicted of misconduct in a requires them to.
public offence.
Millier fell asleep on a Guilty when a person
mattress with a cigarette, was fails to minimise the
Miller woken by flames, just went in harmful
other room to sleep. Was consequences due to
convicted of criminal damage their own act - chain
- he didn't stop it. of events.
D’s live together and stones Guilty due to omission
sister came to join, she was where a person
Stone & anorexic and died. Both D’s voluntarily assumes a
Dobinson convicted of manslaughter as duty.
they had taken on a duty of
care, and failed to do so.
Child deliberately starved by Guilty due to omission
Gibbins & father, D convicted of murder where a relationship
Proctor - Parent-child relationship gives you a duty to do
required him to care for her so.
(feed her).
French woman deported The AR can be a
against her will from Ireland ‘state of affairs’ for
to England, got to England, which the D is
Larsonneur charged with the offence of responsible
being an illegal alien. (combination of
circumstances at a
given time).
D fell asleep while driving The AR must be
and hit Hill. He acted voluntary for the D to
Hill v Baxter voluntarily by recklessness be found guilty.
(fell asleep). Court gave an
involuntary example - if lots
of bees flew in the car.
