Self-test questions: Strict & corporate liability

. Leah and Princess were revising criminal law together and on this occasion they were learning about strict liability offences. Which of the following statements most accurately describes what a strict liability offence is?

A crime where the defendant's actions do not need to cause any harm.

A crime where there is only a mens rea requirement.

A crime where there is both an actus reus and mens rea requirement.

A crime where no culpability needs to be established.

A crime where no prohibited behaviour needs to be established.

. A paper factory operated next to a river. On one Tuesday an unknown person tampered with the pipe and the system that prevented the factory waste from polluting the river. It was customary for the factory to check the equipment on Mondays, and a significant amount of waste had entered the river by the time the problem was rectified.

What is the case and principle that applies to this scenario?

Following the case of R v Stone and Dobinson, the factory would be liable for an offence under the Rivers (Prevention of Pollution) Act 1951, even though the company was unaware that the system had been tampered with.

Following the case of Alphacell v Woodward, the factory would not be liable for an offence under the Rivers (Prevention of Pollution) Act 1951, because the company was unaware that the system had been tampered with.

Following the case of Alphacell v Woodward, the factory would be liable for an offence under the Rivers (Prevention of Pollution) Act 1951, even though the company was unaware that the system had been tampered with.

Following the case of R v Turner, this scenario would only attract civil liability and would not be deemed to be a criminal matter.

. Clint was in a rush to get to work on time and drove above the speed limit. He was caught by a speed camera and was issued with a speeding fine for the criminal offence of speeding under s. 81 Road Traffic Regulation Act 1984.

Which of the following statements most accurately explains why speeding is a strict liability offence?

Speeding is a matter of social regulation and public welfare.

Speeding is an extremely serious offence and carries a high degree of culpability.

Speeding is a matter for civil courts.

Speeding is a matter of individual choices and self-interest.

Speeding is a minor offence that carries a low degree of culpability.

. An offence of 'being concerned in the management of premises used for the purpose of smoking cannabis' (s. 5(b) Dangerous Drugs Act 1965) was discussed by the House of Lords in the case of Sweet v Parsley.

Which of the following statements most accurately reflects the considerations the court will have when determining whether a statutory offence is one of strict liability?

The absence of a mens rea requirement explicitly stated in the Act will lead to a presumption that the offence is intended to be a strict liability one.

The words of the Act and their context, the nature of the crime, the punishment, the particular mischief, and the field of activity in which it occurs.

The only key issue is whether the field of activity is of a truly criminal nature.

There will always be a presumption of mens rea where an Act does not explicitly include it in the wording of the Act.

the only key issue is whether the conduct is deserving of punishment.

. Oscar, a 15-year-old boy, invited a 12-year-old girl to have sexual intercourse with him. He was charged under s. 5 Sexual Offences Act 2003 for 'having penile penetration of child under the age of 13'.

Which of the following statements most accurately reflects how the criminal law would apply to Oscar?

Oscar would avoid liability if he honestly believed the girl had given her consent to have sexual intercourse.

Oscar would avoid liability if he honestly believed the girl was above the age of 13.

Oscar would only be liable if he had not intended to have sexual intercourse with a child under the age of 13.

Oscar would only be liable if he was reckless as to having sexual intercourse with a child under the age of 13.

S. 5 is a strict liability offence and whatever Oscar thought in relation to the age of the girl and her consent he is criminal liable for this offence.

. Peter was the managing director of an outdoor pursuits company, called Outdoors R Us which gave canoe lessons to young people. He had been told by two of his instructors about the inadequacies of the equipment, but had done nothing about it. Four young people were killed when a canoe capsized and their safety clothing did nothing to help them.

Which of the following statements most accurately reflects the relevant criminal liability that applies to this scenario?

Peter is the only guilty party for the offence of gross negligence manslaughter.

Outdoors R Us is the only guilty party for the offence of corporate manslaughter.

Peter is guilty of unlawful act manslaughter, and Outdoors R Us is liable for corporate manslaughter.

Peter is the only guilty party for the offence of unlawful act manslaughter.

Peter is guilty of gross negligence manslaughter and Outdoors R Us is liable for corporate manslaughter.

. Which of the following statements most accurately describes the application of vicarious liability in criminal law?

An employer will not be vicariously liable for a strict liability offence if an employee does something they are employed to do but in an unauthorised way.

An employee will be vicariously liable for a strict liability offence if an employer does something they are employed to do but in an unauthorised way.

An employer will be vicariously liable for a strict liability offence if an employee does something they are employed to do but in an unauthorised way.

An employee will not be vicariously liable for a strict liability offence if an employer does something they are employed to do but in an unauthorised way.

An employer will be vicariously liable for a strict liability offence if an employee does something they are employed to do but in an authorised way.

. Korey was a security guard at a local pub, owned by Jared. Korey liked the look of Jemima, whom he suspected was underage. He tried to impress Jemima by selling her a vodka and tonic.

Which of the following statements most accurate reflects the application of criminal law?

Jared would be vicariously liable for Korey's actions.

Jared would be directly liable for Korey's actions.

Korey would be vicariously liable for his actions.

Jared would not be vicariously liable for Korey's actions.

Jemima would be vicariously liable for Korey's actions.

. Bobby, aged 15, asked Claire if she would perform oral sex on him. He thought she was also 15 and in the same year as him at school. Had she been, there would have been no offence. However, she was in fact only 13 years old. She refused and told the police. Bobby was convicted at first instance and appealed.

Which of the following statements most accurately reflects the outcome of the appeal considering the circumstances?

Following B(A minor) v DPP [2000] UKHL 13, even though Bobby committed the act, he may not be blameworthy if he held an honest and genuine belief that Claire was 15 and so he will not be liable.

Following B(A minor) v DPP [2000] UKHL 13, Bobby is guilty of the strict liability offence no matter what his belief.

Following B(A minor) v DPP [2000] UKHL 13, Bobby will not be liable because he was only reckless and did not know the circumstances.

Following B(A minor) v DPP [2000] UKHL 13, Bobby is liable because although he may have held a belief that Claire was 15, this was a mistake and a mistaken belief is no defence.

Following B(A minor) v DPP [2000] UKHL 13, Bobby is not strictly liable because he is not 18.

. When dealing with a legislative provision, the case of Gammon (Hong Kong) Limited v AG [1985] AC 1 determined there are four steps which the court can follow in order to ascertain whether liability is strict or mens rea is needed

The legislation deals with an issue of 'social concern'.

The smallness of the penalty.

The effect of finding the defendant guilty.

The wording of the legislation.

The 'crime' is a regulatory offence.

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