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Appraising Strict Liability - Oxford Scholarship


Description:Andrew Simester Abstract Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mens rea or fault element. For example, in the case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. More Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent. This book is a collection of contributions offering a consideration of the problem of strict liability in the criminal law.

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