NCJ Number
95864
Journal
New Zealand Law Journal Dated: (1981) Pages: 294-300
Date Published
1981
Length
7 pages
Annotation
Between the truly criminal offense in which the Crown must establish intent and the absolute liability offense in which guilt follows proof merely of a prohibited act lies a halfway house.
Abstract
The halfway house concept admits of a defense of absence of fault but requires the defendant to establish this on the balance of probabilities. It is argued that this approach is likely to be adopted in the future in New Zealand when the defense seeks to advance absence of fault in resisting conviction for a strict liability offense; the consequence for blood alcohol cases is briefly considered. A total of 66 footnotes are listed. (Author abstract modified)