CRMN 2010U Lecture Notes - Lecture 12: Actus Reus, Regulatory Offence, Absolute Liability
8 Mar 2018
School
Department
Course
Professor
Document Summary
Your car is parked where no parking is allowed. Deal with regulation of beneficial, desirable activity, which may become dangerous if proper standards are not observed. Special regime that allows for easier prosecution for violations. Examples: traffic control, health and safety standards, environmental protection. Absolute liability offences only proof of actus reus was required, issue of fault was irrelevant. Accused was a vendor; 3 bottles of soft drinks in his store where found to contain a percentage of alcohol in excess of the amount allowed. Accused did not know that some bottles contained more alcohol than allowed and could not have known unless tested the bottles. Convicted of a public welfare offence lack of fault irrelevant. Unregulated market without standard controls diminishes public confidence. Efficiency civil action is available only after harm is done; one has to be willing to litigate. Need to address harm not only to the injured, but to the society.
