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  • Essay / Criminal Liability - 556

    Criminal Liability “In a just society, criminal liability should never be imposed without some degree of culpability. » Strict liability offenses are those which do not require any mensrea with respect to at least one or more of the actus rea. Mensrea generally requires intention and/or recklessness. However, some crimes can be committed without any knowledge, intent or responsibility on the part of the accused. Therefore, the main question is whether these defendants should be guilty and held accountable 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 discussed; As a general rule, the more serious the criminal offense created by the law, the less likely the courts are to consider it a strict liability offense. For acts which truly reflect criminal intent, it should be necessary to hold the defendant liable and this is the case law. However, the type of offense for which criminal intent is not necessary and liability can be incurred when the law concerns a matter of social law. concern. This principle was set out in Sweet v Parsley 1970; the accused was convicted under section 5 of the Dangerous Drugs Act 1965, for "being concerned in the management of premises used for the smoking of cannabis". She appealed claiming that she had no knowledge of the circumstances and in fact could not reasonably have expected to have such knowledge. The House of Lords, quashing his conviction, held that it was necessary to prove that the defendant...... middle of paper ... the offense which had taken place. I think this is a tricky area for judges. and that each case should be considered in isolation and that judges should have discretionary rights. Each case has different facts and different levels of liability, so a single rule cannot be established for all strict liability cases. Strict liability should not be overturned entirely, but it should be reviewed by the Law Commission to prevent those who have no control over an offense and lack the means to prevent it from being liable of crime. In a just society, people should not be convicted simply to make a point in front of the general public or for the sole reason that a judge believes that someone should be held responsible and that the accused is the only reasonable person to charge, because it is not reasonable grounds to charge someone..