. Most readers would have noted that our regulations have strict liability clauses scattered through most legislation....
Are these numbers correct? It would seem somewhat outrageous that a fine for a simple misdemeanour that may well be unintentional is that high.
Unfortunately, misdemeanours can be anything but simple. What is now a minor indictable offence can attract significant gaol terms: Crimes Act 1900 s580 E.
Our legislators should be ashamed of themselves for allowing more and more strict liability offences to be legislated for little reason other than that compliance people appear to be generally ill-equipped or insufficiently skilled to gather compelling evidence.
Strict liability offences operate harshly because there is no need to prove the guilty mind and a person may be found guilty even where they are not at fault or have taken reasonable care. This leads to injustices and harsh outcomes where the matters concerned are criminal offences and operates against the common law presumptions of innocence and that mens rea is a necessary element of proof in the criminal law.
An honest AND reasonable mistake is a defence but both limbs must be present and the onus is on the accused to prove it.
Kaz