What is the gammon test in law?

Answer 1

The Gammon test is a legal principle used in criminal law, particularly in the context of determining the validity of strict liability offenses. Established in the case of Gammon (Hong Kong) Ltd v Attorney General of Hong Kong (1985), it outlines that a statute imposing strict liability must clearly indicate this intention, and the court should consider whether the offense serves a public interest and if it is reasonable to impose liability without proof of fault. The test emphasizes the necessity of a careful balance between public safety and the rights of individuals.