absolute liability offenceの例文
- Mistake of fact is unavailable in respect to absolute liability offences.
- To determine if an offence is an absolute liability offence, the courts must look at:
- This includes provincial and federal offences, criminal or otherwise, but precludes any absolute liability offences.
- Therefore, most offences are not absolute liability offences, and usually will require an explicit statement in the statute.
- In most legal systems, absolute liability offences must be clearly labeled as such in the criminal code or criminal legislation.
- The combination of an absolute liability offence and the possible sentence of jail violates section 7 of the " Canadian Charter of Rights and Freedoms " and is unconstitutional.
- Specifically, jail violates a person's liberty and an absolute liability offence is not in accordance with the principles of fundamental justice . ( See " Re B . C . Motor Vehicle Act " .)
- In " R . v . City of Sault Ste-Marie ", the Supreme Court of Canada defined an absolute liability offence as an offence " where it is not open to the accused to exculpate himself by showing that he was free of fault . " This can be compared to a strict liability offence ( where an accused can raise the defence of due diligence ) and " mens rea " offences ( where the prosecutor has to prove that the accused had some positive state of mind ).