Question 1

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

Accepted Answer

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.

Accepted Answer

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.

Accepted Answer

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?

Accepted Answer

Where a mens rea is presumed to exist in a statutory offence, then the defendant will have a defence if she believed that an aspect of the actus reus did not exist.

Question 5

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

Accepted Answer

In Muhammed the court rejected the argument that the ECHR prohibited the existence of strict liability offences.

Quiz 4: Strict Liability

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

Most strict liability offences carry low sentences.

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.

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?

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