... deals with an issue of social concern, as the safety of the public is at risk (Gammon). This would increase the likeliness of the offence being one of strict liability. This must also be effective in promoting greater vigilance not to commit the prohibited act, which would probable be so in this context. The express words of the statute also need to be considered. In 'James & Son LTD v Smee (1955)' the verbs 'permitting' and 'using' were concerned, as with this statute. In 'Smee' the divisional court held that the verb 'permitting' imports a mental element, therefore I do not feel that for this particular offence the presumption of mens rea would be rebutted. Therefore I feel that following this, Jet skis Are Us and Sharp would not be liable for the offence, as the prosecution would have to prove that they intended to permit the use without a ...

See this essay or coursework document in full right now