Our clients frequently come to us with a similar conundrum
– what happens if a crime is committed unintentionally? Is a
lack of intent a defence to a criminal offence? Many
clients wonder why they are in trouble with the law for something
that happened accidentally.
Criminal intent is relevant to some crimes, but not others. It
depends on what category the crime falls into. Criminal offences
are generally characterised in one of three ways:
- Strict Liability Offences—the intent of the accused does
not need to be proven to establish guilt, but the defence of
reasonable mistake is available;
- Absolute Liability Offences—the intent of the accused
does not need to be proven to establish guilt, and the defence of
reasonable mistake is not available; and
