Pros And Cons Of Strict Liability

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Sometimes it is hard to decide whether a crime has been committed with intention or recklessness, as some cases are extremely borderline. Intention has to interpreted in the ordinary meaning of the word, nevertheless some distinctions shall be made: - Direct intent: exists where the defendant embarks on a course of conducts to bring about a result which in fact occurs. i.e. the defendant intends to kill his neighbour. To achieve that result he gets a knife from the kitchen, sharpens it, rings the neighbour and then stabs him, killing him. - Oblique intent: exists where the defendant embarks on a course of conduct to bring about a desired result, knowing that the consequence of his actions will also bring about another result i.e. the defendant…show more content…
Whether rendering the offence discourages the activity, in the sense that it might persuade potential defendants to change their behaviour, this is an argument in favour of strict liability; 4. If the offence is addressed to members of the public at a large scale, then it is likely to be one of strict liability. Strict liability is subject to a lively debate by the doctrine. There are a number of arguments both in favour of strict liability and against it. Pros: - Protection of the public: strict liability raises standards where the health and safety of the public is at stake and forces those in a position of responsibility to take extra precautions. - Promoting enforcement of the law: strict liability does not allow people to escape liability through a fabricated account of their state of mind. - Ease of proof: strict liability offences are easier for the prosecution to prove as there is no need to prove the mens rea. - Deterrence/raising standards: it is often argued that imposing strict liability will lead to people taking more care and act as a deterrent to others. Cons: - Injustice: a person may be liable where they are not at fault and have exercised all reasonable…show more content…
Voluntary: some killings would be murder but for the existence of defined extenuating circumstances there are degraded as manslaughter. Those circumstances are: I. Loss of control: is a partial defence to murder and, if successful, the defendant is guilty only of voluntary manslaughter. This defence, governed by section 54 of the Coroners and Justice Act 2009, applies only if the jury is absolutely certain that the defendant is guilty of murder. Loss of control means the defendant lost self – control over his actions and he was so angry that he was not aware of what he was doing, this would prove that he did not have the mens rea or the actus reus of murder. For this purpose, the defendant needs to show: 1. The loss of control has a qualifying trigger. What is a qualifying trigger is defined by law Section 55 of the Coroners and Justice Act 2009. Some examples include the fear trigger and the anger trigger: - the fear trigger occurs all those times when the defendant has a genuine fear of serious violence from the victim against the
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