Textbook Notes (368,566)
Canada (161,966)
Criminology (615)
CRIM 230 (44)

Crim 230 Ch 6.pdf

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CRIM 230
Simon Verdun- Jones

Chapter 6The Special Case of Regulatory Offences Strict and Absolute Liability in Canadatrue crimes are that embodied in Criminal Code and Controlled Drugs and Substances Actregulatory offences created by Parliament arises under both federal and provincialterritorial legislationconsequences bw true crimes and regulatory crimes differCrown must prove mens rea to obtain conviction for true crimeCrown only has to prove actus reus of regulatory offenceRegulatory Offences and Absolute Liability absolute liabilityhistorically courts didnt give opportunity to accused to defend selves or whether accused was blameworthy Crown only had to prove actus reusarguments FOR absolute liabilitywo this Crown would have to prove mens rea of regulatory offences which would result in loopholes which individuals and corporations would use to evade responsibilitiesabsolute liability would remove loopholeppl would try to avoid committing offenceadministrative efficacy burden for Crown to prove mental culpability which would slow down whole JS Crown must be swift due to largeof casesarguments AGAINSTpunishes those who lack moral culpabilitydestroys individuals basic freedom of choice mens rea designed to max personal freedom bc only those who chose to break law is subject to convictionusually for minor offences more regulatory offences follows idea of strict liabilityEmergence of New Approach in Courts the Half Way Housenew flexible approach strict liabilityemerged on basis that defendants should be able to advance defence of due diligence by showing they were no negligent and took all reasonable care in conductbecame known as halfway house middle ground bw requirement of Crown to prove mens rea elements beyond reasonable doubt and auto conviction of defendant on proof of actus reus alon
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