ABSTRACT

The previous chapter explained the different types of mens rea. This chapter considers those offences where mens rea is not required in respect of at least one aspect of the actus reus. Such offences are known as strict liability offences. The ‘modern’ type of strict liability offences was fi rst created in the mid-nineteenth century. The fi rst known case on strict liability is thought to be Woodrow (1846) 15 M & W 404. In that case the defendant was convicted of having in his possession adulterated tobacco, even though he did not know that it was adulterated. The judge, Parke B, ruled that he was guilty even if it needed a ‘nice chemical analysis’ to discover that the tobacco was adulterated.