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what are three categories of regulatory offences?
mens rea, strict liability, and absolute liability
what must the Crown prove for a mens rea regulatory offence?
actus reus + mens rea
what must the Crown prove for strict liability?
actus reus. the accused can then raise a defence such as due diligence
what must the Crown prove for absolute liability?
actus reus only.
what is due diligence?
showing that the accused took all reasonable precautions
what is a mistake of fact defence?
the accused was actually mistaken about a fact and the mistake was reasonable in the circumstances
strict vs. absolute liability?
strict = due diligence defence available
absolute = no defence based on lack of blame
what factors help classify an offence as strict or absolute?
regulatory pattern, subject matter, penalty, and wording