BUS 223 Lecture Notes - Lecture 4: Actus Reus, Mens Rea, Due Diligence
4 Dec 2018
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Burden of proof: crown must prove actus reus. Strict liability has 2 components: actus reus: commission of the prohibited act (must be proved by crown beyond a reasonable doubt) [chp. 3: risk assessment, due diligence: taking all reasonable precaution to avoid the harm (or mistake of fact to be discussed later) [chp. 4: risk management, strict liability - gives defendant right to defence. Accused is permitted defence of due diligence/reasonable care/mistaken believe . Reasoning (court gives reason why specific rule is) List of models: risk assessment, risk management, ex ante vs. ex post. In class exercise 2: due diligence, mention of liability for imprisonment, no wording of imprisonment an due diligence, we apply the presumption sole=strict iiability, anything saying he cannot defend himself? (strict liability) Now, we know this is a regulatory offence: we come to the conclusion that this is a strict liability, not a mens rea. Municipality argues in favour of mens rea offence. (s. 32).
