AOS2 - Strict Liability Offences and the Age of Criminal Responsibility

Question 1

Strict liability offences

Answer 1

• do not require the ‘mens rea’ element to be proven to find the accused guilty (only ‘actus reus’ required)
• e.g.:
  
  • speeding, serving underaged people alcohol, not wearing a seatbelt, public transport fare evasion

Question 2

Defence to SLOs

Answer 2

-honest and reasonable mistake of fact:
- where the accused honestly believes facts existed at the time of the offence, which if true would mean they were not committing an offence

Question 3

Age of criminal responsibility (Victoria)

Answer 3

• Under 10 years of age:
  
  • cannot be charged with a crime
• 10-13 years of age:
  
  • can be charged but the doctrine of ‘doli incapax’ applies (assumption that the accused is unable of forming criminal intent
  • this means the prosecution has to rebut the doctrine by proving the child knew what they were doing was wrong
  • can be done through psychological or medical assessments
• 14 and above:
  
  • can be charged with a crime