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Words: | Submitted: Thu Jul 11 2002
... offences can involve any offence under road safety, pollution and food hygiene. An example being that of Smedleys v Breed (1974) where a woman found a dead caterpillar in a tin of peas she had bought at the supermarket. Despite the fact that Smedleys had used a good checking system to ensure this kind of event would not happen they were still held under strict liability. The courts believe that proof of mens rea and a guilty mind in some cases can be overlooked if it is in the best interests of the public. Therefore they are saying that in order to keep the public from harm, they are willing under strict liability to make a convinction even though someone may have done everything within their power to prevent themselves from committing that offence. Where doubt is experienced in a case the courts take a vigilant attitude in order to avoid ...
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