Deck 4: Strict, Vicarious, and Corporate Liability

Question 1

Which of the following most accurately describes an offence which requires proof of actus reus elements only?

A) Corporate liability
B) Strict liability
C) Vicarious liability
D) Absolute liability

Answer 1

D

Question 2

Which of the following statements about the conviction in Winzar v Chief Constable of Kent (1983) is FALSE?

A) It was not necessary to adduce any evidence as to the state of mind of the defendant
B) Involuntariness was no defence
C) How the defendant came to be on the highway was highly relevant
D) The defendant's conviction was justified by the need to deal with the nuisance of drunken behaviour in public places

Answer 2

C

Question 3

Which of the following is NOT a factor required in order to displace the presumption of mens rea?

A) A truly criminal offence
B) Clear words in the statute
C) Statute involves issues of social concern
D) Liability would encourage greater vigilance

Answer 3

A

Question 4

Which of the following cases is NOT an authority on the presumption of mens rea?

A) Gammon (Hong Kong) Ltd v Attorney General of Hong Kong (1985)
B) Sweet v Parsley (1970)
C) B (a minor) v DPP (2000)
D) Allen v Whitehead (1930)

Question 5

Which type of liability applies to offences which provide for a defence of due diligence?

A) Accessorial liability
B) Strict liability
C) Corporate liability
D) Vicarious liability

Question 6

Which of the following terms most accurately describes liability imposed upon an employer for the unlawful act of his employee during the course of his employment?

A) Vicarious liability
B) Absolute liability
C) Accessorial liability
D) Corporate liability

Question 7

Which of the following cases is an authority demonstrating application of the identification doctrine?

A) Larsonneur
B) Gammon (Hong Kong) Ltd v Attorney General of Hong Kong
C) Tesco Supermarkets Ltd v Nattrass
D) Sweet v Parsley

Question 8

Which of the following is NOT a valid argument against strict liability?

A) Strict liability violates the principle of actus non facit reum nisi mens sit rea
B) Strict liability can result in the punishment of a defendant who has acted reasonably
C) A defendant convicted of a strict liability offence faces punishment through the stigma of conviction of a criminal offence
D) Strict liability offences are difficult to prove