CRM 200 Lecture Notes - Lecture 7: Actus Reus, Absolute Liability, Commercial Vehicle
12 Feb 2018
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It would also trigger section 7 and would therefore be considered unconstitutional: r. v. pontes (1995, before pontes was heard the government enacted section 4. 1 and section 72(1) of the british columbia. If it can be proved that the person did commit the actus reus, regardless whether or not it was consensual or any other fault element the actus reus was made out and the person can be charged. Defences to absolute liability: r. v. hickey (1976, the court found that a mistake of fact argument about a faulty speedometer would not be a defence to an. Al offence: al requires no proof of a fault element, he may be convicted as morally innocent, automatism, mental disorder. Offences: the common law presumption against absolute liability: r. v. sault ste. In the absence of clear legislative intent the common law would presume strict liability rather that.
