Lucy W wrote:
Perhaps Fisherman, resident Safespeed Magistrate, would like to elaborate and quote some strict liability offences as I'm sure he's precided over many where his concience says one thing but his obligation to apply the law says another. It is often strict liability offences that result in convictions with minimal or no penalty where the defendant is "otherwise innocent".
I am not, and never have been, Safe Speeds resident magistrate. I have no connection with this forum or the people that run it, other than as somebody who posts here on topics that interest me. My avatar carries the word Magistrate, in the same way that others carry designations of the users. I am sure that, if a lawyer was to become a regular poster here, he or she would given an avatar that reflected their status.
I do deal with strict liability legislation on occasion. Drink driving is one, if over the limit and on the road you are guilty, with no need to wait until a collision occurs.
Offences under the Food and Drugs Act are dealt with in the same way. Smedleys v Breed (1974) being the case that is usually quoted. Smedleys supplied a can of peas containing a caterpillar, the House of Lords took the view that this was an offence of strict liability and that reasonable precautions to prevent such an occurrence were not enough to secure a not guilty verdict.
Not wishing to either meet a drunk driver or eat caterpillars I have no problem with the concept of strict liability in such cases.
I am sure that the driver who ran into the back of my wifes car last month was "otherwise innocent". My wife doesn't care whether he is or not, she just wants him held responsible for his driving at the relevant time and place.