BU231 Lecture Notes - Lecture 16: Absolute Liability, Regulatory Offence, Mens Rea
Document Summary
Criminal liability conviction for an offence, typically punished by imprisonment or payment of a fine or both. Regulatory offences: a corporation can be charged with and convicted of an offence under the. Prosecution must prove that not only the accused committed the offence, but did so with mens rea or a guilty mind : types of offences that corporations can be charged with: Prosectution must demonstrate the existence of a guilty mind, consisting of intent or knowldedge. No necessity to prove mens rea, only defense is to avoid liability by proving that you took all reasonable care. You"re screwed, simply doing the act makes one guilty. Enough for the prosecution to just prove that you committed the wrongful act. Nature of corporate criminal liability: corporations are also liable to be punished under criminal law, can"t go to prison though, often they are dissolved, prosecution can also lay charges against bod or officers, directing mind" principle.
