4
Offences requiring NO Mens Rea

Offences requiring NO Mens Rea. Not criminal offences Generally violations of regulations Punishments are less Only need to prove the ACTUS REUS

Embed Size (px)

Citation preview

Page 1: Offences requiring NO Mens Rea.  Not criminal offences  Generally violations of regulations  Punishments are less  Only need to prove the ACTUS REUS

Offences requiring NO Mens Rea

Page 2: Offences requiring NO Mens Rea.  Not criminal offences  Generally violations of regulations  Punishments are less  Only need to prove the ACTUS REUS

Not criminal offences Generally violations of regulations Punishments are less Only need to prove the ACTUS

REUS Prove the offence occurred only 2 types:

Strict Liability Absolute Liability

Page 3: Offences requiring NO Mens Rea.  Not criminal offences  Generally violations of regulations  Punishments are less  Only need to prove the ACTUS REUS

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,

Page 4: Offences requiring NO Mens Rea.  Not criminal offences  Generally violations of regulations  Punishments are less  Only need to prove the ACTUS REUS

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.