Strict Liability Offences Flashcards
What is a strict liability offence
Offence silent to MR
What are the steps of the Millar approach
- is there clear legislative intent for which class; if no
- Is there overriding judicial history (if not presume class 1); if yes
- Can the class 1 presumption be displaced; if yes
- Is it a class 2 or 3 offence; if class 2
- what defences can acussed use to prove absence of fault
What is the presumption when prosecuting the defendant if not sure what to do
Sweet v Parsley - chose option favourable to D
What is a class 1 offence
Mens rea offence
What is a class 2 offence
strict liability offence: open to the accused to avoid liability by proving that they took all reasonable care and thus lacked MR. The accused bears a legal burden to prove absence of fault on a balance of probabilities.
what is a class 3 offence
absolute liability offence: MR is irrelevant
What are 3 cases and strict liability offences under judicial history
TVNZ - publishing info under suppresion order
Mackenzie - operating an aircraft in a way that causes danger
Tell - falling asleep while operating a sea vessel
What are 3 more cases and strict liability offences under judicial history
Stevenson - hired someone under 18 for sex
DHL - unauthorised removal of goods from customs area
King - most things concerning dogs
What are 2 more cases and strict liability offences under judicial history
Inspector of factories - operating shop during prohibited hours
Jackson - prison discipline offences
Step 3: can we rebut the class 1 presumption i.e. is it a PWO
Public welfare offences:
Indications that an offence MAY be a PWO
- Not found in Crimes Act
- Enacted by regulation (ie, not in an Act of Parliament) secondary legislation
- Deals primarily with matters of “public welfare”, such as public safety; transportation safety; public health; worker safety; environmental protection; resource management; species conservation; animal welfare; taxation or other revenue sources; customs regulation; or trade regulation
Is it class 2 or 3 (assumption)
if it could be both Sweet v Parsley tells us to take the approach most favourable to defendant.
Why would it not be class 3
class 3 offences are rare. Severe penalties suggest class 2
Since it is class 2 what defences are available (cases)
Creedon - “absence of fault” (was the accident inevitable or practically impossible to avoid?) Did they do everything they possibly could have and the accident was virtually inevitable.
