09 January 2016
The differrence between Absolute and Strict Liability
from the Commoner’s Understanding No Technicalities in law series, brought to you by CorpAu
The courts of Australia are based on the Roman Code or Roman Curia law.
What this means is that before you even enter the courtroom doors you are branded as guilty.
The terms that are used to describe your ‘guilt’ are absolute liability and strict liability.
The definitions of the two phrases are as follows:
Absolute liability – you are guilty and you will be punished.
Strict liability – you are guilty and you must prove your innocence.
Do not be fooled by the common catch phrase that you’re “innocent until proven guilty“.
This does not apply in Australia.
The phrase only belongs in Hollywood films. Leave it there.