For strict liability crimes, prosecutors don’t need to prove fault such as intention, recklessness, or negligence. They only need to establish that a crime was committed. Most traffic offences fall under strict liability as you’re charged for committing the offence even if you didn’t intend to. Other examples include police evasion and drug possession.
There are a range of rules in place to make sure that strict liability is used fairly. This includes only imposing it after carefully considering other options and where it has public support and acceptance. This prevents strict liability from being used where cases may be complex or where the penalty includes imprisonment.
Examples of strict liability offences
Strict liability crimes in Australia can include areas such as corporate regulation, environmental protection, work health and safety laws, customs and border protection, national security, and copyright.
Some common examples include:
- Speeding
- Drink driving
- Failing to wear a seatbelt
- Possession of drugs
- Police evasion
Strict liability and traffic offences
It’s widely understood that if you commit a traffic offence, you’re charged without the requirement to prove fault. It’s up to you or your lawyer to build a defence to prove innocence or reduce the severity of the punishment. Examples of strict liability offences in traffic include speeding, using your mobile phone illegally while driving, or driving under the influence.
Strict liability and corporate law
In corporate law, strict liability often comes into play for regulatory offences. Common examples include breaching corporate governance, such as audit compliance, and failure to provide accurate information to the general public or the regulator. If it can be proved that the offence was due to reasonable mistake of fact, the corporation or individual may avoid liability.
Strict liability and drug possession (even when it’s not yours)
Being in possession of drugs is different to ownership. You can be in possession of drugs even if you didn’t buy it or haven’t used it. For example, if you live in a share house and the police find drugs that belong to someone else, you can still be charged with possession. This is an example of strict liability where you need to prove you weren’t aware the drugs were in the house.
Strict liability and police evasion
In Queensland, police can stop drivers for questioning, a breath or swab test, or vehicle search in certain circumstances (Police Powers and Responsibilities Act 2000). If a police officer directs you to stop your vehicle and you fail to do so as soon as reasonable or practical, you can be charged with evasion. Punishment for this offence can include fines or even imprisonment.
What defence is there for a strict liability crime?
Depending on the type of strict liability, the accused may be able to prove the crime was the result of an honest mistake (“honest and reasonable mistake of fact”). This type of defence requires a strong case and evidence that shows you are not guilty because you were either misled or genuinely believed certain facts relating to the situation were true. It’s important to note that pleading ignorance to laws is not a valid defence.
Other common defences for police evasion include unclear police direction, or that you stopped as soon as you deemed possible. Police evasion is a serious offence in Queensland, therefore building a defence should be done by a legal professional.
If you are facing a strict liability offence and need further information or advice, get in touch. Our lawyers are experienced in traffic offences, commercial litigation, and criminal law such as drug offences.