CRIMIINAL LIABILITY Flashcards
What is the general rule?
generally speaking before a crime is committed the actus reus and mens rea must be present or coincide. however ther 2 exceptions to the general rule.
- strict liability
- absolute liability
what is strict liability?
strict liability is at least part of the acteus reus of a crime where there is no requirement to establish mens rea. or even regulation neglience.
egs 1. dangerous driving
2. possession of a firearm not
being the holder of F.U.L
3. Possession of an Offensive
weapon in a public place.
what is aboslute liability?
a crime where the mens rea is not required at all, not even to the extent of requiring a voluntery actus reus.
Egs. -
1. possession of a dangerous drug
within 500m of school premises\
2. possession of an apparatus
what is vicarious liability?
administrative classification