He had no intention to do a wrongful act; he acted in the bona fide belief that the constable was off duty. In Callow v Tillstone [1900], a butcher was convicted because he sold meat in poor condition even though the meat was certified as safe by a vet before the butcher sells them and regardless of how diligent he was ensuring the safety of the meat. It is difficult to reconcile this decision with the decision in Cundy. The maximum of two years cannot therefore be said to be tailormade for a contravention of regulation 3 by a shopkeeper. Lim Chin Aik v. The Queen [1963] AC 160 in which the Privy Council considered Wright J's formulation of the principle in Sherras v. De Rutzen [1895] 1 QB 918, Lord Scarman identified the issue in the appeal as being "whether the offences charged were offences of strict liability or required proof of mens rea as to their essential facts". Join thought-provoking conversations, follow other Independent readers and see their replies. Subscribers are able to see a list of all the cited cases and legislation of a document. HL stated that if reasonable people would regard the matter as something which the defendant had done, despite whether he or she knew of his or her actions, then mens rea is not required. For s 16(1) the prosecution had to prove that the defendant knew the constable was on duty, while for s 16(2) the prosecution did not have to prove knowledge, but it was open to the defendant to prove that he did not know. The company were guilty of allowing oil to escape into a river despite the fact that it happened due to vandalism. The defendant thought that the constable was off duty because he was not wearing his armband. But he was given a 12 month conditional discharge. A SINGLE incident of torture of a person who claimed asylum on the basis of a fear of persecution might amount to persecution if a group of which that person was a member had suffered other incidents, but isolated incidents of torture were not, without more, enough to constitute persecution. One of the staff sold one to a 13 year old without asking for ID. If they do, then plainly, in order to prove a contravention of regulation 3, all that is required of the prosecution is proof of the sale of a national lottery ticket to a particular person and proof that at the time of the sale that person was under 16. He was charged with inciting a child under, the age of 14 to commit an act of gross indecency under s1 (1) Indecency with, The offence of inciting a child under the age of 14 to commit an act of gross. Harrow LBC v Shah and Shah (1999) 3 All ER 302. In these cases it also had to be proved that the doing of the actus reus was voluntary. Strict Liability Cases | Digestible Notes The starting point in each case is always the samenamely, there is a presumption that included in the ingredients of the offence under consideration is the element of mens rea. Neither respondent was therefore aware of the transaction. -SL case under national lottery act. He said this: "The climate of both parliamentary and judicial opinion has been growing less favourable to the recognition of absolute offences over the last few decades; a trend to which section 1 of the Homicide Act 1957 and section 8 of the Criminal Justice Act 1967 bear witness in the case of Parliament, and in the case of the Judiciary, is illustrated by the speeches of this House in Sweet v. Parsley [1970] AC 132. In both these cases the charge against the defendant was that he had taken an unmarried girl under the age of 16 out of the possession of her father against his will, contrary to s 55 of the Offences Against the Person Act 1861. IN DETERMINING whether a defendant "did the act or made the omission charged" for the purposes of the Trial of Lunatics Act 1883, and assuming insanity, the prosecution was required to prove the ingredients constituting the actus reus of the crime alleged, but not the mens rea. If it was, then the butcher in, Public nuisance and forms of criminal libel such as seditious libel probably do not require. Subscribers are able to see a visualisation of a case and its relationships to other cases. . The only situation in which the presumption can be displaced is where the statute is concerned with an issue of social concern; public safety is such an issue. S.11 (2) stated that if any person offering to supply goods of any description gives, by whatever means, any false indication to the effect that the price at which the goods are offered is equal to or less than a recommended price or the price at which the goods or goods of the same description were previously offered by him or is less than such a price by a specified amount, he shall, subject to the provisions of this Act, be guilty of an offence. 53 terms. The wording of the Act - where the word has no indication of no MR, there is the presumption it is not SL. The judge, Parke B, ruled that he was guilty even if a nice chemical analysis was needed to discover that the tobacco was adulterated. ACCEPT, 697 Pharmaceutical Society of Great Britain v. Storkwain Ltd [1986] 2 All ER 635 R v. Blake [1997] 1 All E.R. Robert McCracken (Richard Buxton, Cambridge) for the applicant; Neil King (St Edmundsbury Borough Council) for the authority. The key part of the judgment was when Lord Reid said: there has for centuries been a presumption that Parliament did not intend to make criminals of persons who were in no way blameworthy in what they did. There is no need to prove mens rea for at least part of the actus reus. PDF Ten things you need to know about strict liability offences The forgery was sufficient to deceive the pharmacists. It states: ROBBERY, BURGLARY AND OTHER OFFENCES IN THE THEFT ACTS, Arbitration of International Business Disputes, Brownlies Principles of Public International Law, Health and Human Rights in a Changing World, he Handbook of Maritime Economics and Business, Information Doesn't Want to Be Free_ Laws for the Internet Age, International Contractual and Statutory Adjudication, International Maritime Conventions (Volume 3), International Sales Law A Guide to the CISG, Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect, Research on Selected China's Legal Issues of E-Business, Serving the Rule of International Maritime Law, Stephen Cretney-Family Law in the Twentieth Century_ A History-Oxford University Press (2003), The Impact of Corruption on International Commercial Contracts, Theoretical and Empirical Insights into Child and Family Poverty, The Oxford History of the Laws of England, The Routledge Companion to Philosophy of Law, Trade Policy between Law Diplomacy and Scholarship. Looking for a flexible role? In addition there were clear notices up in the shop about the rules, and staff were frequently reminded that they must not sell lottery tickets to underage customers. 77-3, June 2013, Journal of Criminal Law, The Nbr. Strict liability summary - STRICT LIABILITY SUMMARY Strict - Studocu This subsection does not include any words indicating either that mens rea is required or that it is not, nor does it contain any provision for the defence of 'due diligence'. Act 1993. At the time of the making of the sale Mr Hobday reasonably, but mistakenly, believed that the boy was at least sixteen years old. The defendant was charged with serving an on-duty police officer with liquor. Disclaimer: This essay has been written by a law student and not by our expert law writers. In Woodrow this meant proving that he was in possession of the adulterated tobacco. The facts were found by the Justices as follows. Put another way, do these provisions create an offence of strict (or absolute) liability? Shah v Shah: CA 10 Apr 2001 - swarb.co.uk An offence where no mens rea is required and where actus reus need not be voluntary very rare. Note that the Law Commission consulted in 2010 on possible reform of the offences of public nuisance and outraging public decency. Conviction was quashed because of the difficulty in securing the controlling mind which was also the same problem in P&O European Ferries case. One of their staff sold a lottery ticket to a 13-year-old boy without asking for proof of age. Both of these involve contraventions of the Licensing Act 1872. If it was, then the butcher in Callow v Tillstone above would not have been guilty. He would be there of his own volition because he had responded to a request. The proof of only actus reus may apply to less serious crimes whereas mens rea is not required in many commercial agreements. In the case of Alphacell v Woodward [1972], the defendants of a company were accused of causing pollution to a river. In R v P&O European Ferries (Dover) Ltd [1991], a ships officer fell asleep while on duty and failed to ensure the ferry doors were closed before it set sail. The company performed $20,000\$20,000$20,000 of services for customers, on credit. So again, the court has to look at other sections of the Act to find out if it is an offence of . When a consumer is misled, Joses Apparel Ltd. may be subjected to a fine up to 5000 in the magistrates courts. smedleys v breed 1974 case summary - aidarfagundes.com.br Determining whether Parliament has created an offence of strict liability involves rather more than applying a particular test, or working through a list of clearly and closely defined criteria.
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