LLB106 Lecture Notes - Lecture 10: Regulatory Offence, Statutory Interpretation
Document Summary
Does not affect criminal liability (s 22(1)) Both s 22(2) and s 24 are excuses (not defences) Mistake of law - rationale for the rule. The justice system would not work very well is the prosecution had to prove that the accused knew the offence. A mockery of the criminal law would occur if an accused person could break the law on the basis of erroneous legal advice or a self-serving understanding of the law. Ostrowski v palmer per callinan and heydon jj at para 85. Also justified on basis of moral/social reasons for recognising conduct is wrong. But for regulatory offences harder to justify rule - purpose is to impose a responsibility to apprise themselves of the legal status of their conduct. 1st exception to the rule - honest claim of right. S 36 ensures that s 22 applies to offences created within or outside of the code.
