Criminal Defences

Question 1

What are the elements for an Honest and Reasonable Mistake.

Answer 1

1. Honest
2. Reasonable
3. Belief
4. In a state of facts
5. Which would have made action lawful

Question 2

What is required to raise the defence of honest and reasonable mistake? What cannot it not be.

Answer 2

Where there is evidence of a mistake, it must be a mistake of fact and not of law.

I.e, ignorance of the law is not an excuse.

Question 3

Are speed limits a matter of Law or Fact?

Answer 3

LAW

Question 4

In regards to claim of right, what must be held in regards to the right to property. What is the case law that supports this?

Answer 4

1. Claim of Right – the belief must be one of legal entitlement NOT moral entitlement.

R v FUGE

Question 5

What must be the defence do in regards to evidence of a criminal defence.

Answer 5

In order for evidence to establish a defence, there must be positive evidence towards the defence. A lack of evidence or no evidence disproving the defence is not sufficient.

Question 6

What is law chastisement as per S61AA of the Crimes Act?

Answer 6

1. Proceedings for physical force.
2. applied to a child
3. for the purpose of punishment
4. by a parent/responsible person
5. Must be reasonable
   (if to head or neck, must be trivial)

Question 7

For self defence to be applicable for the defence, what must they raise in relation to their conduct?

Answer 7

The conduct must be a reasonable response in the circumstances as the defendant perceived them to be