Chapter 4 Key facts checklists

Chapter 4 Key facts checklists

  • An element of the actus reus of an offence is ‘strict liability’ if that element does not have any mens rea.
  • Strict liability is often referred to as no-fault liability.
  • Strict liability is very rare at common law.
  • Where a statute is silent as to mens rea, the judge must interpret the provision to decide if the offence has mens rea (the starting point) or is one of strict liability.
  • There is a debate about whether the imposition of criminal liability in the absence of proof of fault can be justified.
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