A defendant faced charges for driving uninsured. The defendant's solicitor argued that driving without insurance is a strict liability offence.
What does 'strict liability offence' mean?
A defendant faced charges for driving uninsured. The defendant's solicitor argued that driving without insurance is a strict liability offence.
What does 'strict liability offence' mean?
An offence which is complete by an actus reus alone.
D) Strict liability is a type of criminal offence that can be committed solely by performing a physical act (actus reus) and does not require a corresponding mental state (mens rea). Once the defendant performs the act, the offence is considered to have been committed.
Option (A) is incorrect because no offence is defined in such a way.
Option (B) is incorrect because the defendant's mental state at the time is irrelevant. It doesn't matter whether the defendant acts intentionally, recklessly, or innocently, they are still liable.
Option (C) is the opposite of strict liability and is therefore incorrect.
Option (E) is incorrect because although the prosecution doesn't have to prove any guilty knowledge or recklessness, they do have to prove that the defendant performed the act.