ABSTRACT
This chapter considers those offences where mens rea is not required in respect of at least one aspect of the actus reus. The ‘modern’ type of strict liability offence was first created in the mid-nineteenth century. For nearly all strict liability offences it must be proved that the defendant did the relevant actus reus. The Divisional Court held the offence to be one of strict liability. Another feature of strict liability offences is that the defence of mistake is not available. The other judge in the case of Sherras, Wright J, pointed out that if the offence was to be made one of strict liability, then there was nothing the publican could do to prevent the commission of the crime. Strict liability is very rare in common law offences. The surprising fact is that about half of all statutory offences are strict liability.
