Half Way to the Half Way House

New Zealand Law Journal, pp 304, 1971.

5 Pages Posted: 27 Jan 2014

See all articles by A. T. H. Smith

A. T. H. Smith

Victoria University of Wellington, Te Herenga Waka - Faculty of Law; University of Cambridge

Date Written: July, 1971

Abstract

The question of which approach should be taken when a statute is silent as to the necessity of mens rea prompts this discussion of the underlying principles of criminal liability. This article outlines a comparison of the approach taken by the New Zealand Court of Appeal in R v. Strawbridge and the approach that has been taken by the Australian Courts. Aspects of the comparison include the types of offenses involved, basis of liability and burden of proof. The implications of adopting the Australian approach are also examined. The New Zealand approach differs from the Australian approach in regard to all three bases of comparison, and is a variation of the full mens rea category rather than a half-way house.

Keywords: basis of criminal liability, negligence, presumption of mens rea, Strawbridge, mistake, burden of proof

JEL Classification: K1, K14

Suggested Citation

Smith, A. T. H., Half Way to the Half Way House (July, 1971). New Zealand Law Journal, pp 304, 1971., Available at SSRN: https://ssrn.com/abstract=2385685

A. T. H. Smith (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

University of Cambridge ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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