Law Society of Ontario (LSO) Paralegal Practice Exam

Which of the following is characteristic of an absolute liability offence?

1. Requires proof of both act and intent to find guilt

2. Involves proof beyond a reasonable doubt of the act only

3. Includes a requirement to show negligence

4. Has no penalties associated with the act

The correct answer is: Involves proof beyond a reasonable doubt of the act only

An absolute liability offence is characterized by the necessity of proving only the commission of the act itself, without any requirement to establish the mental state or intention behind the act. Consequently, to secure a conviction, the prosecution must demonstrate beyond a reasonable doubt that the offence occurred, but there is no need to prove that the defendant had any intent or knowledge about committing the offence. This characteristic differentiates absolute liability from other types of offences, such as those that require mens rea (intent) or negligence as part of the prosecution's case. The other choices describe different legal principles. For example, requiring proof of both act and intent refers to offences that are based on mens rea, which is not applicable here. Similarly, involving a requirement to show negligence indicates a standard typical of civil liability rather than absolute liability, where intent or carelessness is irrelevant. Lastly, the notion of having no penalties associated with the act contradicts the definition of absolute liability offences, which do carry penalties despite the lack of intent needing to be proven.