LAW 534 Lecture Notes - Lecture 3: Actus Reus, Conservation Halton, Regulatory Offence
12 Jan 2017
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Chapter 3: the actus reus in regulatory offences: a risk-based system and due diligence (general breakdown) Categories of offence by looking at specificity of actus reus. Intersection of criminal code and regulatory law jurisprudence. Re(cid:272)all the ge(cid:374)e(cid:396)al theo(cid:396)eti(cid:272)al app(cid:396)oa(cid:272)h (cid:271)(cid:455) the autho(cid:396)s. Regulatory standards can be viewed as being on a spectrum which gives courts varying degrees of discretion in the interpretation of those standards (1) precise codified standards. Highly specific perhaps even has empirical standards to be met. Refer to example at page 3-2 (occupational health and safety legislation other end of the spectrum: (cid:862)a guard rail must be reasonably capable of protecting persons from falling(cid:863)(cid:895) List of specific/ precise codified standards for guardrails. Violation of this section is an offence under the general offence provisions of failing to comply with a regulation. General section carries liability for imprisonment of up to 12 months.
