They allowed the appeal and remitted the case to the magistrates to continue the hearing. Jordan_Watts1. On their appeal to the House of Lords, the Law Lords held that it was not necessary to prove that the defendants intended to blaspheme. This was upheld in Carlill v Carbolic Smoke Ball Co. [1983] concerning unilateral contract. On the other hand, in R v Kite and OLL Ltd [1994], where a leisure company and its managing director were found guilty of corporate manslaughter in the Lyme Bay kayaking tragedy after several students were killed by sending an untrained staff to rough seas in canoe. The first is Larsonneur (1933) 24 Cr App R 74. In Harrow London Borough Council v Shah [1999], it is a strict liability offence to sell National Lottery tickets to a person under the age of 16 as it is an issue of social concern stated by the Divisional Court. A butcher asked a vet to examine a carcass to see if it was fit for human consumption. The concept of strict liability appears to contradict the basis of criminal law. An example of this is the Contempt of Court Act 1981 where s 1 sets out the strict liability rule. The Gammon Test Case. The Divisional Court upheld his conviction. Bland v Ingram's Estates Ltd and ors; Ch D (Peter Leaver QC sitting as a deputy High Court judge) 13 Apr 1999. 68-1, January 2004. There are various aspects to the exercise. Fault may be removed by a defence Two cases which illustrate the difference in liability are Cundy v Le Cocq (1884) 13 QBD 207 and Sherras v De Rutzen (1895) 1 QB 918. Facts: D was a DJ who was convicted of using a station fore wireless telegraphy, without a license contrary to s1 (1) Wireless Telegraphy Act 1949. This section enacts: 13 If any licensed person permits drunkenness or any violent quarrelsome or riotous conduct to take place on his premises, or sells any intoxicating liquor to any drunken person, i he shall be liable to a penalty. 1) The presumption of mens rea applies to statutory offences. IF A local planning authority wished to delegate to a planning officer the authority to make a decision under reg 9 of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 to the effect that an applicant for planning permission which fell within Sch 2 of the regulations need not submit an environmental statement, such a delegation had to be formally made under s 101 of the Local Government Act 1992. Determining whether Parliament has created an offence of strict liability involves rather more than applying a particular test, or working through a list of clearly and closely defined criteria. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. Oliver can complain to the Trading Standards Officer regarding his problem of finding a single item at sale prices so that necessary actions can be taken against the shop. He was acquitted of the offence as it was not proved that he knew the girl was in the custody of her father. Smedleys Ltd. v. Breed, Request a trial to view additional results, Johnson Tan Han Seng v PP and Soon Seng Sia Heng v PP and PP v Chea Soon Hoong and Teh Cheng Poh v PP. Course Hero is not sponsored or endorsed by any college or university. S13 (1) (a) clearly allows a defence of due, diligence so this meant that the Act was one where the offences were strict, In Gammon (1984) the Privy Council stated that the presumption that mens rea is. Put another way, do these provisions create an offence of strict (or absolute) liability? D1 and D2 were charged with selling a lottery ticket to a person under 16, contrary to s 13(1)(c) of the National Lottery etc. In summary what did Roscoe Pound say when explaining the need for statutory offences of strict liability?
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harrow lbc v shah case summary