Deck 4: Strict Liability

Question 1

In an offence of strict liability which of the following does not need to be proved by the prosecution?

A) that the defendant had a mens rea
B) that the defendant caused the harm
C) that the defendant was guilty beyond reasonable doubt
D) that the defendant acted voluntarily

Answer 1

A
Explanation: In an offence of strict liability there is no need to prove that the defendant had a particular state of mind (a mens rea).

Question 2

Most strict liability offences carry low sentences.

Answer 2

True
Explanation: Most strict liability crimes are regulatory in nature and are punished with a fine. There are a few which carry imprisonment.

Question 3

In B v DPP the House of Lords said that in construing statutory criminal offences there was a presumption that Parliament intended there to be a ___ ___ requirement.

Answer 3

mens rea
mental element
Explanation: In construing statutory offences there is a presumption against them being offences of strict liability and in favour of them requiring proof of a mens rea element.

Question 4

Where a court is construing a statutory offence and concludes that the offence should be presumed to have a mens rea element, what mens rea element is implied?

A) that the defendant must intend every element of the actus reus
B) that the defendant will have a defence if s/he believed that an aspect of the actus reus did not exist
C) that the defendant must believe all the elements of the actus reus exist
D) that the defendant was negligent

Question 5

Article 6 of the European Convention on Human Rights prohibits the existence of strict liability offences.