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“In a just society criminal liability should never be imposed without some degree of blameworthiness”
Member rating: No Rating | Words: | Submitted: Fri Nov 18 2005
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"In a just society criminal liability should never be imposed without some degree of blameworthiness" Offences of strict liability are those, which do not require any mens rea with regards to at least one or more of the actus rea. The mens rea usually requires intention and or recklessness. However some crimes are possible to commit without any knowledge, intention or responsibility on behalf of the defendant. Therefore the primary issue is should these defendants be guilty and held liable for these crimes under strict liability. In Gammon (Hong Kong) ltd v Attorney General (Hong Kong) 1984, the grounds on which strict liability can be imposed were brought about; As a general rule, the more serious the criminal offence created by statute, the less likely the courts are to view it as an offence of strict liability. For acts, which are truly criminal mens rea should be needed in order to make the defendant...
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