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Nurse and Anor v Republic of Trinidad and Tobago [2019] UKPC 43 - Customs Act.

1) rebuttable presumption that mens rea ingredient of every offence.
- absent clear indication that offence intended to be absolute, necessary to go outside Act to establish this was intention of Parliament.
- interpretation most favourable to accused must be adopted.
2) serious penalties militate against offence being of strict liability.
- but, weight to be given to penalties factor qualified in case of some regulatory offences.
- severity of penalties may be intended to promote compliance with regulatory purpose.
– such intent to be inferred only where D able to promote observance of regulations.
3) some offences, in same context, may require mens rea whilst others do not.
4) potential for unfairness to luckless victims weighs against strict liability.
5) strict liability may be warranted in public interest.
6) in deciding whether presumption of mens rea is rebutted, court must consider:
(i) requirement for mens rea in other respects or other offences in same sections;
(ii) severity of penalties and stigma of conviction, and
(iii) importance in public interest of deterring false or careless declarations.
- the public interest factor can outweigh the other two.
7) offence only imposes absolute liability if none of its elements requires mens rea.

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