Apr 18, · Strict Liability Essay Example A guilty mind in isolation doesn’t necessarily make him/her criminally guilty. There are essentially four different kinds of Mens rea, intention, where it was planned. Knowledge, negligence and recklessness are the other circumstances where an individual can be describe as being guilty of the mind (Simons, ).Estimated Reading Time: 7 mins essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use. Strict liability is the placing of liability upon the defendant (s), regardless of whether or not mens rea is present. This can include instances of negligence, carelessness or accident May 13, · Strict liability offences are created by statute, yet circumstances arise in which Parliament are not explicit as to whether an offence requires mens rea or does not; in such instances it is left to the judiciary’s discretion to decide the confines of strict liability within the criminal law and explaining the justification behind their decision.5/5(1)
Strict Liability Free Essay Sample
We use cookies to give you the best experience possible. A limited time offer! Get a custom sample essay written according to your requirements urgent 3h delivery guaranteed. For strict liability offences, strict liability essay, proof of any fault or knowledge on the part of the defendant is not necessary. The basic assumptions of strict liability was outlined in Albert Blake, R v EWCA Crimthe court of appeal referred to the previous case of Gammon Ltd v Attorney- General for Hong Kong 2 All ER Lord Scarman set out the factors that ought to be considered before imposition of any strict liability and there was consideration from the previous case of Sweet v Parsley decided by the House of Lords.
The concept of strict liability is very helpful in criminal law, tort and corporations law. Under criminal law, the defendant is not necessitated to proof mens rea in accordance with the actus reus.
Other elements like awareness, intention to act and carelessness which relate to the offence may be needed. The liability is termed as strict since the defendant will still be convicted although there ignorance necessitated them to commit the act. Hence the defendant may not be culpable by any chance. Strict liability is applied in order to impact social strict liability essay in cases where a person is affected by some small level of stigma upon being convicted or where the society wants to avoid harm and wishes to capitalize on the decreasing value of the offence Yasser,p.
The application strict liability essay strict liability may not be fare especially to individual cases. An example of such a case is in Pharmaceutical Society of Great Britain v Storkwain 2 ALL ERwhere a pharmacist gave drugs to a patient who had obtained prescription illegally through forgery.
Although even the House of Lords concurred with fact that the pharmacist was not to blame, he was still charged. The reason for the charge strict liability essay that abuse of drugs mounted to a serious social evil and there was need for ensuring that the pharmacist were extra careful when supplying drugs.
Similarly, incase of imputation of liability or associated to others inform of corporate liability or vicarious strict liability essay the end product of the imputation will be strict liability. In some cases the mens rea will be imputed to the culprit and the culprit assumed to be the actual offender. In common law the principle is that crimes need evidence of mens rea with exception of cases of criminal contempt of court, public nuisance and blasphemous libel, strict liability essay.
Incase of occurrence of liability under a statute, strict liability essay, there has been great inconsistencies with various rules of formation in statutory definition producing different findings of the will of parliament. Although, in Sweet v parsley acLord Reid made the following recommendations for all criminal cases with the exception of quasi-criminal Yasser,p.
Incase a section does not mention mens rea it is assumed that, strict liability essay order to apply to the will of parliament, words in relation to mens rea should be incorporated, strict liability essay.
It is a universal rule that where a penal provision gives the choice of two interpretations then the one chosen should be the most applicable to the accused. Just because other sections of the Act necessitate the need for mens rea, it is not full justification that absence of mens rea leads to an absolute offence. There is need for external evidence outside the act and consideration of all factors, in order to achieve the main aim of the parliament.
There is a strong belief that parliament wanted the mens rea to be incorporated in every section that results to an offence where those convicted are affected with social stigma and punishment administered is seen to be strict liability essay total criminal offence. Lord Scarman chose to ignore the presumptions on grounds that it posed a danger on public safety. Therefore, statutes that relates to matters like pollution and drugs which have bad effect have been interpreted as imputing strict liability.
Although, terms having the strict liability essay that a mens rea are found in some sections strict liability essay some implies that parliament willfully did not intend including a mens rea in those sections that were not mentioned.
Lord Hutton in B minor v DPP 1 AERlaid the current stand at p the challenge is not because it is fare implication that the statute does not recognize mens rea as the key requirement of a crime but if it is a basic implication.
Lord Nicholls talked of basic necessary implication as that implication that is necessitates one to be very clear. Necessary implication can be traced from the language applied, strict liability essay, the nature of the crime, the mischief intended to be avoided and any other case that may help in finding what intention is correctly attributable to parliament when making an offence Yasser,p.
Apart from the statutory provision being reviewed, necessary implication can be made from the principles controlling the provisions to be described from other provisions, strict liability essay. Therefore, the courts must consider the whole reason of the statute. a common penalty for all parking offences, strict liability essay. Although, if the policy issues affected are of proper significance and the punishment very severe, then the challenge should be if following a mens rea requirement will overpower parliaments reason for forming a certain offence, i.
Section 5 of the Sexual Offence Act clearly provides a strict liability offence. Any objections concerning the issue strict liability essay strict liability were clearly outlined by the House of Lords. The appellant pleaded to a charge of rape of a child below 13 contrary to the stipulations of the Sexual Offence Act When the offence was created the appellant was 15, the complainant had given in to intercourse and she had informed him that she was The facts presented by the appellant; that she was 15 at the time and the complainant gave in for intercourse and she had disclosed that she was Under the law strict liability essay tort, strict liability is liability imposed on someone without proof of any fault.
What the plaintiff is required to strict liability essay, is to provide evidence of the actual occurrence of the tort and the defendant is held liable. The fact that the defendant applied all the necessary precausions does not hold any water. Strict liability is usually imposed upon those involved in ventures that pose a potential danger Olson,strict liability essay, p. Strict liability is different from absolute liability. For absolute liability, actus reus is needed.
But for strict strict liability essay proof of the mens rea is not necessary. Although the plaintiff is not required to provide evidence of fault, the defendant can lodge a defense of lack of fault.
A clear case of strict liability is a case of a lion rehabilitation center, strict liability essay. Despite the fact that a lion is very strong, the owner of the rehabilitation center is still liable for any loss or other form of damage caused by the lion if it escapes Olson,p.
Another case is where a contractor sub-contracts his contract to a contractor who lacks a valid insurance. The contractor will still be liable for any damage caused by the sub-contractor, strict liability essay. The law encourages potential defendants to take extra caution there by avoiding loss caused by negligence, strict liability essay. Strict liability is applied where a condition is viewed to be essentially dangerous.
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Mens Rea # 1 - Direct and Indirect intention
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Strict liability is the liability imposed regardless of mens rea (in relation to actus reus); on the other hand absolute liability is liability even with the lack of mens rea (in conjunction with actus reus) “without the availability of any defence other than the defendant is under 10” (Oxford University, n.d, p. ) In Criminal Law strict liability is an offence that is imposed despite at least one element of mens rea being absent thus the reticence of the courts to impose such liability without this crucial element being present. I will analyse what an offence of strict liability is as well as the approach taken by the courts in interpreting the legislation when considering if an offence is of strict liability, I will look at the common law offences that are of strict liability Jan 14, · Strict Liability, especially product liability is well known in tort law, of course criminal law and the corporation law. In the tort law, the strict liability is the enforcement of liability on a party without finding negligence. In the case of a law suit, the plantiff will only need to prove that the tort occurred under the defendant’s responsibility
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