R v James Zayat [2016] NSWDC 166

R v James Zayat [2016] NSWDC 166

In circumstances where the accused's belief that the complainant was 16 years old is raised and the legislation is silent on abrogation, the Crown is required to disprove honest and reasonable mistake by the accused, even where the complainant is under 14 years old.

Jurisdiction
Australia
Judgment Date
11 May 2016
Procedural Posture
Criminal / Pre Trial Ruling
Outcome
Pre-trial ruling that Crown is required to disprove honest and reasonable mistake by the accused.
Legal Topics
['honest and Reasonable Mistake of Fact' 'acts of Indecency With Child Under 16 Years' 'child Sexual Assault Under 16 Years']
['criminal Law'] ['honest and Reasonable Mistake of Fact' 'acts of Indecency With Child Under 16 Years' 'child Sexual Assault Under 16 Years']

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Procedural Posture

Criminal / Pre Trial Ruling

Legal Issues

  1. 1 ['Whether honest and reasonable mistake of fact is available as a defence when the complainant is under 14 years of age under s 66C(1) of the Crimes Act (1900)']

Ratio Decidendi

In circumstances where the accused's belief that the complainant was 16 years old is raised and the legislation is silent on abrogation, the Crown is required to disprove honest and reasonable mistake by the accused, even where the complainant is under 14 years old.

Court Disposition

Pre-trial ruling that Crown is required to disprove honest and reasonable mistake by the accused.

Orders

  • []