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

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3 Aug 2016
Department
Course
Tuesday February 24, 2015
LAWS
Regulatory Offences
More litigation
More charges
Prevention of harm (people, organizations, companies)
oRules and regulations to abide by
Enacted by federal, provincial, and municipal
oEx. Traffic offences/safety
Courts make it easier for offences to be legislated and prosecuted
ABSOLUTE LIABILITY
OFFENCE
STRICT LIABILITY
OFFENCE
CRIMINAL LIABILITY
OFFENCE
REQUIREMENT 1 Actus reus (beyond
reasonable doubt)
Actus reus (beyond a
reasonable doubt)
Actus reus (beyond a
reasonable doubt)
Determined by
crown
REQUIREMENT 2 No requirement for fault
element (once AR is
proved beyond
reasonable doubt)
Accused has possibility
of defense
Mens Rea (beyond
reasonable doubt)
Determined by
crown
**intention is not taken
into account
**could potentially
punish morally innocent
**crown does not
have to prove
negligence
**negligence depends on
severity of offence
Absolute Liability Offence:
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
oExcept for not committing prohibited act
EX. BC motor vehicles act
oCaught driving with suspended license = could be sent to prison
oCould go to prison without actually knowing individual committed a crime
Subject to punishment = Deprivation of liberty
oWay that the offence was constructed violated section 7
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