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Strict Liability Notes

This is a sample of our (approximately) 3 page long Strict Liability notes, which we sell as part of the Criminal Law Notes collection, a A package written at York College in 2015 that contains (approximately) 83 pages of notes across 41 different documents.

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Strict Liability Revision

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Strict liability

Definition:

A strict liability is an offence where there is no requirement to prove MR for at least a part of the offence o E.g. Prince and Hibbert Goes against basic principles of criminal law, not considering MR o Could create unfairness o Protects public on a wider scale - socially useful

Distinguish strict liability from absolute liability:






Both have no MR Both complete upon commission of AR For strict liability, AR must be voluntarily performed for conviction For absolute liability, AR is involuntarily performed E.g. Hill v Baxter, Larsonneur and Winzar Harsh/ draconian in absolute liability because it isn't their fault But absolute liability sends out a clear public policy message o Abused this in Winzar

Key features:


No element of fault or blame on the part of the defendant o E.g. Storkwain, Harrow LBC v Shah and Shah, Callow v Tillstone o Criminalises those who aren't criminal o Tarnishes someone's good reputation o Conviction could cause social stigma o Raises standards and increases vigilance o Acts as a deterrent o Public protection AR must be voluntarily performed for a conviction o E.g. Hill v Baxter No general defence of due diligence o No common law defence of due diligence or trying to prevent the offence o Doesn't matter how hard defendant tried to avoid committing the offence, once the actus reus is performed, they are guilty

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