Strict liability

A Strict Liability offence is one there is a rebuttable presumption that mens rea is present.

Typically strict liability offences are limited to traffic violations and other minor crimes. In order to defeat a strict liability charge for lack of intent, the defendant has to show, on the balance of probabilities that they did not have the requisite intent.

A classic example of this is the offence of drink-driving. Where a Bob is recorded as having excess alcohol in their system, the prosecution does not have to show that the person intentionally drove drunk. If Bob can show that there was in fact an innocent explanation for the excess alcohol level, such as consuming drinks that he genuinely thought were non-alcoholic, then he can escape the charge. The burden of proof would be on Bob to show, on the balance of probabilities that he was genuine in this belief.