Bell v TasmaniaCitation:[2021] HCA 42Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward, Gleeson JJDate:08 Dec 2021Case Number:H2/2020Read more

Bell v TasmaniaCitation:[2021] HCA 42Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward, Gleeson JJDate:08 Dec 2021Case Number:H2/2020Read more

The appellant was not entitled to rely on the excuse of honest and reasonable mistake of fact because, even if his belief as to the child's age were true, his conduct would still have constituted an offence under s 26 of the Misuse of Drugs Act 2001 (Tas), and thus would not be 'innocent'.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
08 December 2021
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Defences, Honest and Reasonable Mistake of Fact, Supplying Controlled Drug, Mistake as to Age
Criminal Law Defences Honest and Reasonable Mistake of Fact Supplying Controlled Drug Mistake as to Age

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was entitled to rely on the excuse of honest and reasonable mistake of fact under s 14 of the Misuse of Drugs Act 2001 (Tas) when charged with supplying a controlled drug to a child.

Ratio Decidendi

The appellant was not entitled to rely on the excuse of honest and reasonable mistake of fact because, even if his belief as to the child's age were true, his conduct would still have constituted an offence under s 26 of the Misuse of Drugs Act 2001 (Tas), and thus would not be 'innocent'.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.