MGMT 3100 Lecture Notes - Lecture 8: Regulatory Offence, Absolute Liability, Mens Rea
27 Dec 2015
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Document Summary
Stakeholder: groups affected by business activities of a company. Proactive measures = prevent problems before they occur. Punitive = designed to punish bad behaviour and deter others. Regulatory offences: less serious offences created by government regulation through specialized legislation, agencies, and tribunals: represent criminal law; punish those who ignore rules. Must prove that the accused did commit the act and had the intention to do it. Mens rea = guilty mind/intention/knowledge: ex: a person with stolen goods has not committed an offence if he/she did not know they were stolen. No mens rea at all is required for conviction of an absolute liability offence. Need to prove simply that accused committed the wrongful act. Confined to statues dealing with public health and safety. Rea offences: prosecution must demonstrate existence of positive state of mind (intent, knowledge, recklessness) Strict liability offences: commission of prohibited act raises presumption that offence has been committed; accused needs to show individual took reasonable care.
