Elements of a criminal offence
There are typically two main elements to a criminal offence: (i)
the physical element (being the prohibited conduct) and (ii) the
mental element (being intention, knowledge or recklessness). Unless
the offence is a "strict liability" offence, a prosecutor
must show that both of these elements were present in order to
prove the offence. For example, in order to prove the offence of
assault, a prosecutor must demonstrate that an assault took place
(the physical element) and that the defendant intended to commit
the assault (the mental element).
A strict liability offence is an offence which does not include
a mental element. Strict liability offences are a common feature of
regulatory frameworks which underpin corporate regulation. For
example, strict liability offences arise in: corporate and
prudential regulation, work health & safety laws and
environmental protection laws. An example of a strict liability
offence is the failure of an
