Regulatory offences or
quasi-criminal offences are a class of crime in which the standard for proving
culpability has been lowered so a
mens rea (
Latin for "guilty mind") element is not required. Such offences are used to deter potential offenders from dangerous behaviour rather than to impose
punishment for moral wrong-doing.
An absolute liability offence is a type of criminal offence that does not require any fault elements to be proved in order to establish guilt. The prosecution only needs to show that the accused performed the prohibited act. As such, absolute liability offences do not allow for a defence of mistake of fact.
Due to the ease which the offence can be proven only select offences are of this type. Absolute liability offences must be clearly labeled as such in the Criminal Code or criminal legislation.
A crime for which "a reasonable person should know [that the proscribed activity] is subject to stringent public regulation and may seriously threaten the community's health or safety."?
