Examples Of Strict Liability Offence In Criminal Law

1483 Words6 Pages
Strict Liability Offences, Fair and Just or a step to far.

In a criminal trial the burden is on the prosecution to prove mens rea on the part of the accused, in doing so as to demonstrate intent, recklessness or knowledge on their part unless the crime is one of strict liability.
The three types of mens rea which the courts take into consideration are set out as follows; Intent refers to the state of mind accompanying an act especially a forbidden act. It is the outline of the mental pattern which is necessary to do the crime. At times criminal intent is used in the sense of mens rea-the mental element requisite for guilt of the offense charged.
Knowledge; the law can presume knowledge of facts under the doctrine of notice where a person would have known if he had made proper enquiries.
Recklessness must be judged under two scenarios firstly was the risk taken unjustifiable, secondly it may sometimes be seen to be justifiable on the basis of social utility, circumstances must be taken into consideration. The question is as to whether the recklessness in question shall be judged subjectively or objectively.
Subjective recklessness involves the conscious taking of an unjustifiable risk. In other words, the accused was aware of the possibility that a certain harm might occur, but proceeded to act nonetheless.
Objective recklessness must also involve the taking of an unjustifiable risk, but here it is not necessary for the accused to have considered the possibility that the

More about Examples Of Strict Liability Offence In Criminal Law

Open Document