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How Are Strict Liability Created Notes

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How are strict liability offences created?

Two ways they can be created:

Common law Statute

Common law:

Very few common law offences Courts aren't keen on SL o Prefer to consider fault and intention before convicting Judges will follow Parliament but don't like creating Four common law offences o Blasphemous libel e.g. Lemon and Whitehouse v The Gay News o Outraging public decency e.g. Gibson and Sylveire o Public nuisance o Criminal libel

Statutory offences:

Most SL are statutory Over 3500 and growing Most are regulatory/ quasi criminal offences Often no moral element to the offence o Where there's no moral issue, court is more prepared to dispense with MR when interpreting a statute e.g. driving or food hygiene regulations
 E.g. B v DPP E.g.: o Road Traffic Act 1988 o Medicines Act 1968 o Food Safety Regulations 1990 (mouse in topic bar) o National Lottery Act 1993 o Licensing Act 1872 o Rivers (Prevention of Pollution) Act 1951 o Health and Safety at Work Act 1974

Problem of SL offences created by statute:

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