LAWS 2302 Lecture Notes - Lecture 4: Actus Reus, Strict Liability, Absolute Liability
18 Feb 2016
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True crime: the types of crime where we need mens rea. Strict liability offences: a defense of due diligence or reasonable care is available for the accused. Absolute liability offence: if the prosecutor can establish that the accused did it, there is no wiggle room (once the crown proves the actus reus) Section 35- person engaged with selling soft drinks or non- intoxicating drinks keeps or has with his stock liquors on his business premises: such person shall be guilty of an offence = absolute. His defence is that it was placed in his stock- he had no idea it liability was there. Such person may be guilty of an offence = strict liability offence- defence available. Such person shall be guilty of an offence = absolute liability offence- no defence available. *section 24 of the criminal code deals with attempts.
