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Strict Liability - Common/Statute Law (Strict Liability in Statute Law…
Strict Liability - Common/Statute Law
Strict Liability at Common Law
almost all SL offences have been created by statue
very rare in common law
3 common law offences
public nuisance
criminal libel
outraging public indecency
:red_flag: Gibson and Sylveire
Strict Liability in Statute Law
around 1/2 of statutory offences are SL
mainly regulatory offences
driving
food and drink sales
tickets
usually a presumption of a requirement of MR especially if words such as 'knowingly' or 'maliciously' are used - but even if not, always assume MR first
some statutes clearly state the crime is one of SL
can cause problems for the court where they are unsure
Courts Interpretation - Statute Law
courts will always start with the presumption of MR
where an Act of Parliament is silent as to words indicating MR, the judges will start by assuming it does
:red_flag: Sweet v Parsley