explains that the key benefit of the
absolute liability approach is that
Again there is the question of what the nature of this underwriter liability scheme should be: scienter-based liability, strict
absolute liability, or
absolute liability with a due-diligence defense.
In the current landscape,
absolute liability is assessed against defendants in unpredictable and varied ways.
Marie pointed out that treating all these public welfare offences with the same
absolute liability served to punish the innocent and add nothing to deterrence.
1) According to this doctrine, strict liability may be viewed as a halfway house between mens rea (where the prosecution is required to prove fault or the requisite mental element beyond reasonable doubt, as is the case for all criminal offences) and
absolute liability (where there is no fault requirement, and proof of the proscribed act, or actus reus, leads to a finding of guilt).
This article argues that attempts to better protect children and young people from sexual abuse and exploitation have resulted in the over-criminalisation of sexual behaviour between young people and the creation of
absolute liability offences that have the potential for grave injustice.
Bhushan said the principle of
absolute liability and the polluter pays principle formulated by the SC did not recognise any limit to liability.
He shouldn't have to re-establish Labour''s credentials - apart from apologising for his party''s wrecking of the economy and
absolute liability over immigration.
He looked an
absolute liability before last season, then came back a totally different player before getting injured (with what might be his last match for us, against Leeds last season, being one of the best individual displays by a Coventry player last season).
They act, in a sense, as mutual insurers, and thus considering anything but
absolute liability would be an anomaly.
If the Oireachtas is to enact legislation to reinstate an offence of
absolute liability, it can only do so after a constitutional amendment approved by the people at referendum.
It is a form of
absolute liability in which there is no possible defense.
