How does due diligence affect liability under these offences?

How does due diligence affect liability under these offences?

• A. Demonstrating due diligence can negate knowledge or beliefs that goods were stolen, possibly avoiding liability.
• B. Demonstrating due diligence increases liability.
• C. Due diligence has no impact.
• D. Due diligence only affects civil damages.

Answer: (A)

Due diligence is a defense that goes to the mental element of offences involving possession or handling of stolen goods. Many such offences require that you know the goods are stolen, or at least that you believe they are. If you can show you took reasonable steps to verify the goods’ origin, you didn’t know or believe they were stolen, and that lack of knowledge means you’re not liable. The test is practical: would a reasonable person have done what you did in the circumstances? This might include asking for provenance documents, checking ownership, verifying serial numbers, contacting the supplier or authorities, and keeping records. When those steps would have reasonably revealed a problem, your due diligence helps negate the required knowledge and can avoid liability. It doesn’t apply if you didn’t take reasonable steps, and it doesn’t inherently affect civil damages; it specifically targets the criminal mens rea by showing you lacked the necessary belief or knowledge.

Due diligence is a defense that goes to the mental element of offences involving possession or handling of stolen goods. Many such offences require that you know the goods are stolen, or at least that you believe they are. If you can show you took reasonable steps to verify the goods’ origin, you didn’t know or believe they were stolen, and that lack of knowledge means you’re not liable. The test is practical: would a reasonable person have done what you did in the circumstances? This might include asking for provenance documents, checking ownership, verifying serial numbers, contacting the supplier or authorities, and keeping records. When those steps would have reasonably revealed a problem, your due diligence helps negate the required knowledge and can avoid liability. It doesn’t apply if you didn’t take reasonable steps, and it doesn’t inherently affect civil damages; it specifically targets the criminal mens rea by showing you lacked the necessary belief or knowledge.