The Law relating to Absolute Liability Offences in the Criminal Code Act 1995 (Cth) is contained in section 6.2 of the Act which states that where an offence is prescribed as an absolute liability offence:
The prosecution does not have to prove fault elements for any of the physical components of the offence, which means the physical acts and/or omissions themselves are sufficient to establish the physical components of the offence, and,
The legal defence of mistake of fact is not available.
The section further provides that where absolute liability applies to a particular physical element of an offence:
The Prosecution does not have to prove a fault element for that physical component, and,
The defence of mistake of fact is not available for that component.
The existence of absolute liability does not make any other legal defence unavailable.
Section 6.2 of the Criminal Code Act 1995 sets out the law relating to absolute liability offences and is extracted below.
If you are going to court for an offence under the Criminal Code Act 1995, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will explain the law, advise you of your options and the best way forward, and fight for the optimal outcome.
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