A sequel of sorts to Re an application under the Major Crime (Investigative Powers) Act 2004 [2009] VSC 381 played out in Federal Court last week. The very different outcome serves as an example of how influential the Charter of Human Rights and Responsibilities Act 2006 has been to Victorian law.In Stoddart v Boulton [2009] …
Tag: commonwealth law
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 …