9G
Using an example from the Australian Civil Aviation Act 1988 (S.20A) is not really an example of what I was talking about.
The serious offenses that carry a potential custodial sentence are all in the Act, and are not strict liability offenses.
It is in the CARs/CASRs that you see the over-reach of the use of "strict liability". In much Australia legislation, strict liability is used for minor offenses, in the motoring area such as parking fines or minor breaches of speed limits.
It is the free use of strict liability in aviation regulations, in a way completely at odds with the traditional view that there must be a "mental element" (mens rea) for an offense to be treated as a criminal offense. The maximum penalty under the CAR/CASRs is 50 penalty points, but you still accumulate a criminal record.
Not only is this increasingly not the case, we are now seeing "reverse onus of proof" appearing. Once again, this is contrary to any reasonable interpretation of criminal law principles, "innocent until proven guilty' and the Crown (prosecution) must prove it's case.
Another increasingly disturbing trend, in aviation,(but generally not other Australian law) is for the meaning of "beyond a reasonable doubt" to be watered down to a lower level of proof required -- or put another way, the bar for "beyond a reasonable doubt" has been lowered --- for aviation.
Tootle pip!!
Last edited by LeadSled; 31st Dec 2012 at 23:22.