Judicial registrars may consider diversion

From today, Judicial Registrars may adjourn charges to allow an accused to participate in a diversion program under s 128A of the Magistrates' Court Act.The Magistrates' Court (Judicial Registrars) Amendment Rules 2009 amend the Magistates' Court (Judicial Registrars) Rules 2005 to extend the powers of Judicial Registrars.As an aside, did you know each Court regularly …

Continue reading Judicial registrars may consider diversion

Mistake of fact, or mistake of law?

An accused who, at the time of the alleged offence possessed an honest and reasonable positive belief in a state of facts which, if true, would have rendered their acts innocent, is entitled to an acquittal: Proudman v Dayman (1941) 67 CLR 536.After the majority decision in CTM v The Queen [2008] HCA 25, it …

Continue reading Mistake of fact, or mistake of law?