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
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.