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Words: | Submitted: Fri Sep 12 2003
... the defendant intended to take the girl out of the possession of her father. The vast majority of strict liability crimes are statutory offences. However, statutes do not state explicitly that a particular offence is one of strict liability. Where a statute uses terms such as "knowingly" or "recklessly" then the offence being created is one that requires mens rea. Alternatively, it may make it clear that an offence of strict liability is being created. In many cases it will be a matter for the courts to interpret the statute and decide whether mens rea is required or not. Jetskis Are Us might well be held to be strictly liable for breach of the Inshore Water Safety Act, specifically for not having "a licence from the relevant local authority". A case which would support this assertion would be that of R V Blake (1996). Here, investigating officers heard an unlicensed radio station broadcast ...
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