LAWS 2302 Lecture Notes - Lecture 4: Absolute Liability, Mens Rea, True Crime
Document Summary
Acts of omission can give rise to actus reas. Mens rea and actus rea is all about liability. Strict liability and absolute liability are more on the quasi-criminal side. The types of crimes when we need the mens rea those are called true crime (guilty mind). Strict liability and absolute liability focuses more on actus rea portion of the crime. Strict liability offences: where a defense of due diligence or reasonable care is available for the accused. Doing due diligence or reasonable care means doing everything in their power to prevent the offense from happening, but the offense happens then the accused has a defense. Absolute liability offense: there is no defense available once the actus reas is proven (if they prove they did the conduct or crime then accused is done or liable). Strict liability accused could have a defense where they tried to do due diligence but it just happened.
