The fact that the defendant applied all the necessary precausions does not hold any water. 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.
A defendant can be guilty of statutory rape even if there is no proof that he believed, or reasonably should have believed, that she was below the statutory age. Therefore convicting and punishing those who do not deserve it perpetrates a serious wrong.
Thus, strict liabilities encompass both liabilities for faultless accidents and for faultless mistakes Simons, Incase of occurrence of liability under a statute, there has been great inconsistencies with various rules of formation in statutory definition producing different findings of the will of parliament.
How to cite this page Choose cite format: But for strict liability proof of the mens rea is not necessary. There are essentially four different kinds of Mens rea, intention, where it was planned.
Lord Scarman chose to ignore the presumptions on grounds that it posed a danger on public safety.
Felony-murder, in its most severe form, is an example of strict liability with respect to a result-specifically, a death resulting from commission of the felony. From another perspective the public gains greater protection from pollution.
It is, true that negligence necessitates that the prosecution establishes an actus reus by an employee that can be attributed to the company but the same constraint applies to strict liability, in finding who was strictly liable Simester and Sullivan, There are a number of conditions that have to be fulfilled when determining whether to impose a strict liability as was ruled in Gammon Hong Kong Ltd v Attorney General for Hong Kong in Under the law of tort, strict liability is liability imposed on someone without proof of any fault.
Mens area is the mental aspect of criminal law; it can be easily summarized as the idea of motive. Therefore, statutes that relates to matters like pollution and drugs which have bad effect have been interpreted as imputing strict liability.
David exploring further the topic of strict liability analyses the interpretive role of the courts in regard to the laws made by the legislature in the United States.
Strict criminal liability is understood as criminal liability that does not require the defendant to possess a culpable state of mind. With advancements in technology and the changes in the society, strict liability is important as it ensures that people take dutiful care to protect the innocent public from undergoing any harm from their acts of omission or commission.
What the plaintiff is required to do, is to provide evidence of the actual occurrence of the tort and the defendant is held liable. Strict liability is different from absolute liability.
How to cite this page Choose cite format: Hire Writer Strict liability imbues a sense of dutiful care and ensures that people are more efficient in their work. We must also distinguish between strict liability with respect to a result element of an offense and strict liability with respect to a circumstance element.
When is strict criminal liability just?
Strict liability can also refer, not to lack of culpability with respect to a result or a circumstance, but to lack of culpable conduct. Although, terms having the meaning that a mens rea are found in some sections excluding some implies that parliament willfully did not intend including a mens rea in those sections that were not mentioned.
A clear case of strict liability is a case of a lion rehabilitation center. Strict criminal liability, then, is simply liability in the absence of intention, belief, recklessness, or negligence Simons, Criminal law cases and materials 7th edition Storey T.
Hire Writer Although even the House of Lords concurred with fact that the pharmacist was not to blame, he was still charged. Moreover, there are likely to be fewer instances of the actus Reus when doing so is prohibited on a strict-liability basis, because the use of strict liability tends to encourage a higher level of precautions by potential defendants.
There is need for external evidence outside the act and consideration of all factors, in order to achieve the main aim of the parliament. 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.
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 Any objections concerning the issue of strict liability were clearly outlined by the House of Lords.
It is apparent that strict liability was introduced to imbue a sense of social regulation especially where the existing statutes are silent on where the burden lies. Strict liability is applied where a condition is viewed to be essentially dangerous.August 7, Criminal Law- 2 Essay on Strict Liability Crimes Having no element for Mens Rea, consequently permits punishment on those that may be blameless to a crime.
With that fact, there is definitely a wide range of controversial pro’s and con’s. A personal complaint of injury for a strict liability case is not as a consequence of a foreplanned action or careless deed (Boatright, ).
The respondent's action should have triggered strict liability and that the complainant suffered harm. We must also distinguish between strict liability with respect to a result element of an offense and strict liability with respect to a circumstance element.
Felony-murder, in its most severe form, is an example of strict liability with respect to a result-specifically, a death resulting from commission of the felony. 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. There are a number of arguments for and against strict liability, and this essay will identify and explore these arguments. Strict liability is applied in order to impact social behavior 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.
Notes on Torts, Negligence, and Strict Liability Essay Secondary objective is that it discourages private retaliation by injured person’s and their friends * Third objective is that it satisfies our collective sense of right and wrong by providing that someone who creates harm should make things right by compensating those harmed II.Download