OFFENCES OF STRICT LIABILITY

AND ITS POSITION IN MALAYSIA

PREPARED BY:
1. WAN NASREEN SYAZA BINTI WAN
MOHAMAD NASIR 1162194
 Definition of Criminal Strict Liability
• Strict liability is a legal term referring to the holding of an
individual or entity liable for damages or losses, without
having to prove carelessness or mistake.
• In criminal law, strict liability is defined as an exception to
the general rule of liability, which usually demands that is
essential to show mens rea.
• However, many statutory crimes and offences do not require
this.
• Some of these offences in the absence of defence or
provisions amount to absolute liability.
 General Principle
• In order to convict a person to be liable in criminal
offences, the general rule have to be proven:
1. Mens Rea
2. Actus Reus
• However, there is an exception for cases fall under the
meaning of strict liability.
• An offence of strict liability is one where an element
of mens rea is dispensed with. It is one where proof
of Actus Reus alone suffices for a conviction, however
morally free from blame the defendant may be.
 Can rebut the general principle?
Presumption of mens rea approach
• The guiding criteria:
1. Depends on the subject matter of the case. Relates
to matter of social regulation such as public health,
safety and welfare, traffic regulation, etc.
a) public safety
2. Severity of the punishment, if not severe, can
disregard the MR Carries relatively light punishment
a) imprisonment – severe (Fundamental liberty is
involved)(Stigmatization of society as exconvict)
b) Typically a fine
3. Type of criminal.
4. Effectiveness in promoting the object of the statue
(statutory objective)