LAW 602 Lecture 4: LAW 602-Class#4
28 Mar 2016
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Document Summary
Regulatory offences are presumed to be sl in nature. Whenever the crown can prove the prohibited act or ar, the prohibited aspect is usually factually driven. Onus shifts to defendant-must prove reasonable care or are dually diligent. Ex: driving with an expired licensed, forwarded mail. Al-no defense of due diligence, no requirement of fault. Cant say i thought i was driving at the speed limit. For any offence where there"s is mr or fault requirement defendant can raise defense of reasonable doubt. Sl doesn"t work this way-burden is on defendant, can defend themselves by saying it is a reasonable doubt. Don"t determine dishonesty based on the person"s moral compass, you base dd on reasonable person, not on their subjective belief. Don"t a defense to be ignorant of the law. Mistake of law-not knowing that the law applies. If you make a mistake with a fact associated with the law-mistake of fact. Mistakenly believed that you were complying with the law.
