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Strict liability laws were created in Britain [6] in the 19th century to improve working and safety standards in factories. Needing to prove mens rea on the part of the factory owners was very difficult and resulted in very few prosecutions. The creation of strict liability offenses meant that convictions were increased.
Strict liability often applies to vehicular traffic offenses: in a speeding case, for example, whether the defendant knew that the posted speed limit was being exceeded is irrelevant; the prosecutor need only prove that the defendant was driving the vehicle in excess of the posted speed limit.
The most common is "strict liability," meaning that there is no requirement of intent whatsoever: Merely being caught by law enforcement with the weapon in question under the circumstances described in the law (possession, concealed, or open) is a crime in and of itself, with almost no possible defense other than proving the item is not an ...
However, for some legislatively enacted crimes, the most notable example being statutory rape, a defendant need not have had any degree of belief or willful disregard as to the existence of certain factual circumstances (such as the age of the accuser) that rendered his conduct criminal; such crimes are known as strict liability offenses. [2]
In offenses of absolute liability, other than the prohibited act, it may not be necessary to show the act was intentional. Generally, crimes must include an intentional act, and "intent" is an element that must be proved in order to find a crime occurred. The idea of a "strict liability crime" is an oxymoron.
In offences of absolute liability, other than the prohibited act, it may not be necessary to show anything at all, even if the defendant would not normally be perceived to be at fault. England and Wales has strict liability offences, which criminalize behavior without the need to show a criminal mens rea. Most strict liability offences are ...
An absolute liability offence is a type of criminal offence that does not require any fault elements to be proved in order to establish guilt. The prosecution only needs to show that the accused performed the prohibited act (actus reus). [3] As such, absolute liability offences do not allow for a defense of mistake of fact.
However, the defense of mistake is available to offences of strict liability such as drunk driving: see DPP v Bone [2005] NSWSC 1239. And it is the very availability of the defense of 'mistake' that distinguishes between offences of strict and absolute liability. Mistake of fact is unavailable in respect to absolute liability offences. [4]