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

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Presentation transcript:

Offences requiring NO Mens Rea

 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

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,

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.