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5 Cards in this Set
- Front
- Back
- 3rd side (hint)
Definition |
• Proof of MR isn't required for at least part of the AR. • AR must be voluntary. • Absolute liability- involuntary act with no MR (Winzar- D put on a highway by police officer, then arrested) (Larsonneur- illegal alien). • Most are statutory, few are common law (Lemon v Gay News- blasphemous libel). • Basic presumption in criminal law is that MR is required. |
W L LvGN |
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Identifying a S/L offence |
• Presumption that MR is required (Sweet v Parsley- teacher rented house to cannabis smokers) (B v DPP- 15-year-old asked 13-year-old for sex, not S/L) (R v K- 26-year-old sexually assaulted 14-year-old he thought was 16). • Words used in the Act may indicate MR is required (Cundy v Le Cocq- landlord convicted of employee selling alcohol to drunk person) (PSGB v Storkwain- sold prescription drugs to a forged certificate). • Gammon (building regulations not followed) criteria helps decide: 1) Presume MR is required, especially for 'truly criminal' offences. 2) Where an offence concerns an 'issue of social concern' it is more likely to be S/L. 3) Would making the crime S/L encourage greater care and deter people from committing the offence? • Conflicting cases (Sherras v De Rutzen- landlord acquitted for selling alcohol to police officer) (Alphacell- polluted matter into river). |
SvP BvDPP RvK CvLC PSGBvS G SvDR A |
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Social context |
• Blake- pirate radio broadcasts without a licence. |
B |
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'Truly criminal' offences |
• Wings v Ellis- Trade Descriptions Act 1968. • Shah & Shah- newsagent sold lottery ticket to underage boy. |
WvE S&S |
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Examples of S/L offences |
• Illegal broadcasting (Blake). • Pollution (Alphacell). • Possession of Controlled Drugs (Warner). • Trade Descriptions (Wings v Ellis). • Gambling (Shah & Shah). • Building regulations (Gammon). • Road traffic (DPP v Hay). • Alcohol (Cundy v Le Cocq). |
B A W WvE S&S G DPPvH CvLC |