LAWS 2302 Lecture Notes - Lecture 5: Actus Reus, Liberty Jail, Absolute Liability

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Document Summary

Prevention of harm (people, organizations, companies: rules and regulations to abide by. Enacted by federal, provincial, and municipal: ex. Courts make it easier for offences to be legislated and prosecuted. No requirement for fault element (once ar is proved beyond reasonable doubt) Common law assumption: unless specifically provided for, offences will not be deemed to be absolute liability offence. If not specified, will be strict liability or criminal liability. No defense for absolute liability: except for not committing prohibited act. Bc motor vehicles act: caught driving with suspended license = could be sent to prison, could go to prison without actually knowing individual committed a crime. Subject to punishment = deprivation of liberty: way that the offence was constructed violated section 7. Unconstitutional: absolute liability offence violated section 7, deprivation of liberty, could convict the morally innocent, liberty = jail, probation, fines could be considered a violation of liberty.

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