§ 108 — Defence of due diligence

108.—(1) In a prosecution of a person for an offence under section 106 or 107, it is a defence for the person charged to prove, on a balance of probabilities, that —(a)

the commission of the offence was due to —(i)

an act or omission of another person; or

(ii)

an accident or some other cause outside the control of the person charged; and

(b)

the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged.

(2) In subsection (1)(a), another person does not include a person who was at the time of the commission of the offence —(a)

an employee or agent of the person charged; or

(b)

if the person charged is an entity, an officer of the entity.

(3) Section 26H(4) of the Penal Code 1871 does not apply in relation to a strict liability offence under this Part.

—(1) In a prosecution of a person for an offence under section 106 or 107, it is a defence for the person charged to prove, on a balance of probabilities, that —(a)

the commission of the offence was due to —(i)

an act or omission of another person; or

(ii)

an accident or some other cause outside the control of the person charged; and

(b)

the person charged took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person, or by another person under the control of the person charged.

(2) In subsection (1)(a), another person does not include a person who was at the time of the commission of the offence —(a)

an employee or agent of the person charged; or

(b)

if the person charged is an entity, an officer of the entity.

(3) Section 26H(4) of the Penal Code 1871 does not apply in relation to a strict liability offence under this Part.