Offences Requiring NO Mens Rea

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Offences Requiring NO Mens Rea

• Page 150

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• Not criminal offences
• Generally violations of regulations
• Punishments are less
• Only need to prove the ACTUS REUS
  
• 2 types
• Strict Liability
• Absolute Liability

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Strict Liability

• Prove act occurred only
• No mens rea required
• Only defence - DUE DILIGENCE
• The accused took reasonable care not to commit
  the offence or
• acted as any ordinary citizen would expect to act
  to avoid the situation.
• Ex. Workplace accident, environmental
  regulations,

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Absolute Liability

• Prove act occurred only
• No mens rea required
• ABSOLUTELY NO defence!
• Ex. Littering, Hunting out of season, driving
  without a license.
• NOTE regulatory offences generally do not carry
  a sentence of jail.