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Wednesday, June 27, 2012

Absolute liability

It is a crime in Singapore to engage in commercial sex with a person under age 18. Here is a report on the passing of the law in Singapore in 2007.
http://www.channelnewsasia.com/stories/singaporelocalnews/view/300358/1/.html

I did not find any mention that this is an absolute liability case, although some people have made a statement to this effect. I made some research on what is the meaning of absolute liability and found this description in Wikipedia to be enlightening:
Regulatory bodies tend to favour the approach of declaring offences to be strict or absolute liability, because it makes it easier to prosecute people: there is no longer a requirement to demonstrate that the defendant was deliberately intending to commit an offence. Jurists consider such a mechanism to be a blunt instrument, and recommend its use only in limited circumstances:
Absolute liability is used for certain regulatory offences in which it is necessary for individuals engaged in potentially hazardous or harmful activity to exercise extreme, and not merely reasonable, care. Such offences as exceeding 60 kilometres per hour in a 60 kilometre zone, causing pollution to waters, selling alcohol to underage persons, refusing or failing to submit to breath testing and publishing a name in breach of a suppression order. In these cases, the courts accepted that the benefits to the community overrode any potential negative impact on the accused person.
According to this explanation, it is a good practice to declare an offence as absolute liability, before it can be treated as such. This will impose a duty of extreme care to be exercised by the potential offender. If it is not declared as such, then the offender can put forward the defense of "mistake of fact". 

Can someone help me to search the law, to see if this offence was declared to be a "absolute liability"? 




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