What must the Crown prove in an absolute liability offence?

In an absolute liability offence, the Crown only needs to prove that the actus reus, or the physical act of the offence, occurred. This means that the prosecution must demonstrate that the defendant committed the prohibited act, irrespective of any intent or knowledge about the act. Absolute liability offences do not require the Crown to establish any mental state, such as intent or recklessness; the mere commission of the act is sufficient for a conviction.

This legal principle is based on the idea that certain regulatory offences are designed to promote public welfare, and the strict liability attached to them encourages compliance without the necessity of proving fault. Therefore, the burden is on the defendant to provide a defense, if any, rather than on the Crown to prove mental culpability.

In contrast, offences that involve intention or knowledge require a higher standard of proof relating to the defendant’s mental state, which is not applicable here. Hence, the focus remains solely on whether the actus reus took place.