How strict liability works in practice.
A strict liability offence is one where the prosecution does not have to prove a mental element such as intention, knowledge, or recklessness. It is enough to prove that the prohibited act or omission occurred. Many regulatory and statutory offences, particularly those concerned with safety, the environment, and licensed activities, are offences of strict liability. For some strict liability offences a defence of honest and reasonable mistake of fact may be available, where the accused honestly and reasonably believed in a state of facts that, if they were true, would have made the conduct lawful. Because intent is not in issue, defending a strict liability charge often focuses on whether the act occurred, on causation, or on an available statutory defence.
