Strict Liability

A Strict Liability offence is one there is a rebuttable presumption that mens rea is present.

Typically strict liability offences are limited to traffic violations and other minor crimes. In order to defeat a strict liability charge for lack of intent, the defendant has a burden to show, on the balance of probabilities that they did not have the requisite intent.

The classic example of this is the offense of driving while intoxicated. Where Bob is recorded as having excess alcohol in his system, the prosecution does not have to show that the person intentionally drove drunk. If Bob can show that there was in fact an innocent explanation for the excess alcohol level, such as (say) consuming drinks that he genuinely thought were non-alcoholic, then he can escape the charge. The burden of proof would be on Bob to show, on the balance of probabilities that he was genuine in this belief. In other words, there is a burden shift from the prosecution to the defence on mens rea in strict liability offences.

Absolute liability offences are offences for which the presumption that mens rea is present is irrebuttable. Mere performance of the actus reus is sufficient for conviction in absolute liability offences.

The concept of strict liability also exists in the civil arena, where a person would be financially liable for certain accidents regardless of the level of care taken to prevent them. This is most common when dealing with ultra-hazardous issues, such as environmental cleanup or nuclear accidents.