Summary
Summary of Actus Reus and Strict Liability offences
Summary of Actus Reus and Strict liability offences with key cases and case facts.
[Show more]
Content preview
Strict Liability- A strict liability offence is an offence where mens rea is not required in respect of at
least one aspect of the actus reus
- It first came about in the 19th Century
- Woodrow (1846) - D was convicted of having adulterated tobacco in his possession.
He did not know it was adulterated. The judge said he was guilty
- regardless.
- Pharmaceutical Society of Great Britain v Storkwain Ltd (1986)
Generally, for SL offences it must be proved that D carried out the AR of the crime voluntarily
E.g in Storkwain providing the prescriptions
Absolute liability
● However in some cases where the AR does not have to be voluntary these are Absolute
Liability cases
● No MR is required at all for the offence and no need for the MR to be voluntary
● Involve ‘status offences’- the AR is a ‘state of affairs’
● D is liable due to being ‘found in a certain situation
● These types of offences are rare
● Larsonneur (1933)
● Winzar (1983)
- The court will always start with the presumption that an offence requires mens rea
- S.55 Offences Against the Person Act 1861
R v Prince
R v Hibbert
- As discussed, the AR must be proved and D’s conduct regarding the AR must be voluntary
- However D can be guilty if his voluntary act inadvertently causes a prohibited consequence
- EVEN if D was completely blameless in respect of the consequence
‘No Fault’
D can be guilty if his voluntary act inadvertently causes a prohibited consequence
Calstone v TIlstone (1900)
No defence of due diligence
- There is no set defence of due diligence
- For some SL offences parl allow this defence but there is no pattern to this
- Harrow LBC v Shah and Shah (1999)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller matildaaylott. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £4.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
52510 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now