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A regulatory or public welfare offences ensure that the protection of the public from the risk of the regulatory interests of the modern state (Roach, 213). A regulatory offence occurs when an individual or a corporation has performed a certain action without taking the proper precautions, this includes obtaining a license (Roach, 213). The Crown will convict a regulatory offence because it goes against the established norms of the state that creates the danger of harm (Roach, 213). Several types of regulatory offences exist they can be subdivided into three forms of law breaking categories: absolute liability, strict liability and true crimes. In order to gain a firm understanding of how strict liability strikes a balance between regulatory offences and the criminal law principle of moral blameworthiness, an in depth understanding how strict liability differs from the other regulatory offences needs to be established. Strict and absolute liability involves the Crown proving that a regulatory offence had occurred beyond a reasonable doubt without determining the fault element. True crimes on the other hand ensures that mens rea be established in order to convict the accused. The primary goal of strict liability is to establish that the individual’s actions were negligent and that they did not practice due diligence. Due diligence refers to a person’s ability to take “an active and reasonable attempt to prevent the commission of the prohibited act (Roach, 221).” It is through these differences that strict liability allows for the accused to prove that they exercised reasonable judgment and attempted to reduce negligence. Strict liability manages to strike a good balance between policy rationale for regulatory offences and the crim... ... middle of paper ... ...her” company free of any blame. Individuals who hire employees are more susceptible to blame through the common law principle of vicarious liability; “vicarious liability occurs when the acts and fault of another person are attributed to the accused for the purpose of determining liability” (Roach, 229). Although the employee may be at fault for the crime, if the crime was conducted while under the employers supervision, then both the employee and the employer are liable for whatever harm has been caused. This difference in the way business is conducted makes independent company owners, more vulnerable to strict liability for the negligent behaviour conducted by an employee than a corporation who has subcontracted work to smaller companies. By conducting business in this way corporations enjoy the protections offered by strict liability more easily than individuals.
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