We've previously discussed the sometimes-fine distinctions between errors of fact and errors of law. (In fact, when I look, we've covered it almost ad nauseam: Fishing for a fact? Ostrowski v Palmer; Mistake of fact or mistake of law? and Mistakes of fact, mistakes of law (revisited) are the main posts on the topic.)The Queensland …
Tag: honest and reasonable mistake
Geographical jurisdiction always important!
One of my old air force buddies sent me this little gem, highlighting not just the importance of getting the elements of an offence right, but also the geographical jurisdiction.Dopey policeman tries to arrest shopkeeper in Wales under Australian lawPolice chiefs in South Wales were forced to apologise after an over-zealous policeman threatened to arrest …
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Licence restoration
The Magistrates' Court of Victoria has useful online information for someone getting their licence back after losing it for an offence under s 49 of the Road Safety Act 1986. By plugging your details into a tick-and-flick you can go to court knowing what the likely outcome will be.Some driver education courses apparently stress the …
Police v Beukes [2011] SASC 9: intervention order breaches are strict liability offences
In Police v Beukes the Magistrates' Court of South Australia dismissed a charge that alleged an offence under s 15(1) of the Domestic Violence Act 1994 (SA). Section 15(1) reads,(1) A person who contravenes or fails to comply with a domestic violence restraining order or a registered foreign domestic violence restraining order is guilty of …
Agar v Dolheguy & Anor [2010] VSC 506: can’t get no satisfaction
Last week, the Supreme Court delivered its decision in Agar v County Court of Victoria [2010] VSC 506, which was an application for judicial review of a County Court case on appeal from the Magistrates' Court.Mr Agar was accused of speeding, with his alleged speed detected by a Gatsometer MRC System speed camera. (The offence …
Continue reading Agar v Dolheguy & Anor [2010] VSC 506: can’t get no satisfaction