Q: The imposition of strict liability cannot be justified. The risk is too high that the blameless may be convicted.

Discuss.

Essay outline answer

First define and illustrate strict liability. Explain the approach to finding strict liability in statutory provisions where the section is silent as to mens rea, using the reasoning in Gammon [1985] and illustrating it with cases such as Sweet v Parsley [1970], Shah [2000] and B v DPP [2000], but always link your answer to the title. Strict liability does risk convicting those who are blame free (Callow v Tillstone (1900), and evidence of no fault is inadmissible, Sandhu [1997]) so what are the reasons for justification, and do the reasons outweigh arguments against? Give a reasoned conclusion.