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(p. 120) 5. Strict liability 

(p. 120) 5. Strict liability
(p. 120) 5. Strict liability

Richard Card

and Jill Molloy

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date: 17 February 2020

Strict liability arises if mens rea is not required in relation to one or more elements of the actus reus of an offence. In many cases, the defendant may be convicted regardless of whether his conduct was intentional, knowing, reckless or negligent with respect to a requisite element of the offence charged. This chapter explains strict liability and how it differs from absolute liability. It discusses strict liability and the presumption of innocence under Article 6(2) of the European Convention on Human Rights, offences of strict liability at common law, statutory offences of strict liability and how to determine whether a statutory offence is one of strict liability, the justification for strict liability, and the reduction of the operation of strict liability in the criminal law.

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