Mens Rea Strict Liability Elements of Criminal Liability

The Law Bank

Elements of Criminal Liability
Mens Rea Strict Liability
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Mens Rea Strict Liability Elements of Criminal Liability
The Law Bank
Objectives
Explain the meaning of strict liability

State the reasons for the use of strict liability

State and explain examples of strict liability
using decided cases and Acts of Parliament
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Mens Rea Strict Liability Elements of Criminal Liability
The Law Bank
Introduction
Crimes where the crime includes and actus reus and
no mens rea
Just performing the act is enough
Many crimes mainly regulatory and often not seen
as real crimes
D can be convicted even if unaware of essential
matters relevant to offence
Driving whilst disqualified even if he believes his
disqualification period has ended (Bowsher [1973 ])
Selling a lottery ticket to a person under 16 even if did not
know age of customer (Harrow LBC v Shah [2000])
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Mens Rea Strict Liability Elements of Criminal Liability
The Law Bank
History of Strict Liability
Originally created to prove guilt in
business related offences
Protection of workers needed and hard to
prove factory owners had intent
Also magistrates often factory owners
themselves
When mens rea did not have to be proved
then factory safety improved
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Mens Rea Strict Liability Elements of Criminal Liability
The Law Bank
Current Situation
Almost inevitably created by statute
Often regarded as regulatory offences
This is when there is no moral content to offence
e.g. Trading Standards and Road Traffic Offences
Statutes do not always state that an offence is
strict liability (knowingly, recklessly mean mens
rea)
May be a matter for courts to decide


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Mens Rea Strict Liability Elements of Criminal Liability
The Law Bank
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Sweet v Parsley (1970) 1 All ER 347, HL
Mrs Sweet, a teacher, let out her cottage to students who were using the premises to
smoke cannabis. She only visited rarely to collect post and see that things were in order.
She kept a separate room locked for her use when she visited the cottage. She knew
nothing of the drug-taking and was acquitted when it was decided that an element of
mens rea was needed for there to be a conviction for this crime.

Principle - is usually cited at the defining case on strict liability where the need for mens
rea in most criminal cases was spelt out and where it was acceptable for the presumption
for mens rea to be dispensed with. The statute did not specifically exclude mens rea. "
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. That means that
whenever a section is silent as to mens rea there is a presumption that, in order to give
effect to the will of Parliament, we must read in words appropriate to require mens rea ...
"
Mens Rea Strict Liability Elements of Criminal Liability
The Law Bank
Gammon (Hong Kong) Ltd v AG for Hong Kong (1985)
Sets out criteria for a crime to be one of strict liability
There is a presumption of law that mens rea is required before a
person can be held guilty of a criminal offence.
The presumption in particularly strong where the offences is truly
criminal in character.
The presumption applies to statutory offences, and can be
displaced only if this is clearly or by necessary implication the effect
of the statute.
The only situation in which the presumption can be displaced is
where the statute is concerned with an issue of social concern, and
public safety is such as issue.
Even where a statute is concerned with such an issue, the
presumption of mens rea stands unless it can also be shown that
the creation of strict liability will be effective to promote the objects
of the statute by encouraging greater vigilance to prevent the
commission of the prohibited act.

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Mens Rea Strict Liability Elements of Criminal Liability
The Law Bank
In easy terms:
Presumption of mens rea
Truly criminal
Statute must clearly exclude mens rea
Only for public safety or social concern
Encourage greater vigilance

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Mens Rea Strict Liability Elements of Criminal Liability
The Law Bank
Examples
Alphacell v Woodward (1972) papermakers who
polluted a river because of blocked pumps - 20 fine it is
of the utmost importance that rivers should not be
polluted cost is often a hidden cost to defending
company
Smedleys v Breed (1974) tin of peas contained a
caterpillar (Food and Drugs Act 1955)
London Borough v Shah (2000) Lottery Ticket, not
criminal but a social concern
Blake (1997) unlicensed radio station, defendant had
no idea broadcasting, issues of public safety


Mens Rea Strict Liability Elements of Criminal Liability
The Law Bank
Reasons for Strict Liability
Easier to prove
Takes less time in court
Encourages compliance with the law
Prevents defences being raised as an excuse
Makes regulation straightforward
Protects the public
Mens Rea Strict Liability Elements of Criminal Liability
The Law Bank
Objectives
Explain the meaning of strict liability

State the reasons for the use of strict liability

State and explain examples of strict liability
using decided cases and Acts of Parliament
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