网络严格责任犯罪;严格责任过失类的 网络释义
Although strict liability is sometimes said to be exceptional, in fact it has been estimated that over half of the criminal offences triable in the Crown Court require no proof of mens rea (Ashworth and Blake). The phrase 'absolute liability' is sometimes used, but this is misleading because...
Strict liability is the phrase used to refer to criminal offences which do not require mens rea in respect of one or more elements of the actus reus. The phrase ‘absolute liability’ is sometimes used, but this is misleading because it wrongly implies both that an offence possesses no fault...
astrict liability applies to these offences ,meaning that a person acting in the course of a trade or business can commit an offence without intending to do so 严格的责任制适用于这些进攻,意味行动贸易或事务其间的人能做进攻,无需意欲如此做[translate]...
However, many statutory crimes and offences do not require this, particularly those under the Road Traffic Acts. Again, some of these offences in the absence of defence or provisions amount to absolute liability. Collins Dictionary of Law © W.J. Stewart, 2006...
Strict Liability Save Sweet v Parsley Click the card to flip it 👆 If Act shows clear intention to create an absolute offence - end of the matter. Whenever a section is silent as to mens rea, there's presumption that words must be read appropriately to require mens rea...
Offences of strict liability will get a number of defences. Whereas absolute liability creates a high degree of criminal duty, the person committing the act will be guilty in a maximum number of cases. While strict liability is applicable to persons, absolute liability is applicable to enterprises...
Are Strict Liability Offences Indemnifiable?Kean, Francis
strict liabilitypresumption of innocencelegalityconstitutionality of criminal lawlegal theorypresumption of mens reaIn 1996 Keane J, then an ordinary member of the Supreme Court, suggested that the complete removal of mens rea from criminal offences would be unconstitu...
Notwithstanding the demands of retributive desert, strict criminal liability is sometimes defensible when the strict liability pertains, not to whether conduct is to be criminalized at all, but to the seriousness of the actor’s crime. Suppose an actor commits an intentional assault or rape, and ...