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Strict liability offences.
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| Submitted: Mon Nov 17 2003
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"Strict liability offences are an expression to the general rule that the prosecution has the burden of proving that a person excused of a crime possesses the relevant guilty mind. However modern day society dictates that a number of situations should be excluded from this requirement" Explain in the light of the above comment whether you agree that the creation of strict liability cases can ever be justified. With most cases in the legal system, the prosecution will normally have to establish that an accused has carried out the prohibited criminal act (actus reus) with the accompanying guilty mind (mens rea). However there are some crimes which do not require proof of mens rea - Intention, recklessness and even negligence are offences of strict liability. The defendant has no excuse no matter how careful he has been, simply causing the prohibited consequence will be sufficient to convict. This is shown in the...
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