ENV 1101 Lecture Notes - Lecture 6: Code Of Law, Mens Rea, Stockholm Convention On Persistent Organic Pollutants
30 Mar 2016
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An eniromental offence is an act/conduct that is 1) prohibited by a written law, and 2)detrimental to the environment = you need both to be an environmental offence. In contrary, tort offences are usually not prohibited by written law (there is no common-law offence related to the environment) Written law prescribes engaging in such activities/offences: you will be liable to certain penalties. Ex: obligation to act, but one refuses to act. Most cases are detrimental/harmful to the welfare of the public. Offender may receive: or public welfare offences: warning (written or verbal, citations (fines, orders (clean up what you messed up), lastly, imprisonment. Environmental offences protect the public: by prohibiting present acts. True crimes are designated to punish inherently wrongful conduct. Eo are directed at the consequences while tc are directed at conduct. Eo are designated to prevent future harm by enforcing regulatory standards of care and conduct. Tc are designed to punish past wrongful conducts.
