Thread: Illegal hunting..does it bother you?

Originally Posted by whanahuia

You might want to check on that. pretty sure most of the wildlife act is written on the presumption of guilt. In other words its written that the defendant has to prove thier innocence.
IE, caught with a deer and a thermal- if you cant prove it was not used illegally you are in the poo.

Sort of, but the law does not presume guilt.

I think that you are alluding to the principle of "strict liability".

In strict liability the Crown or claimant need only prove that the act or action occurred and that the defendant was responsible. Intention does not need to be proven. Strict liability is incorporated into Acts where offences are considered to be inherently dangerous.