JSB171 Lecture Notes - Lecture 1: Carnal Knowledge, Decree Nisi, Malum Prohibitum
Document Summary
Holford (possession of obscene books aware of contents but did not believe to be obscene. Mistake of law || mistake of fact if eg thought the books contained articles on electrical. Engineering) as to legal conclusion from known facts: sancoff v holford; ex parte: mistake of law based on information. Mistaken information provided: ostrowski v palmer (2004) per mchugh j (lobster fisherman fishing in prohibited zone relied on copy of regulations provided by. Fisheries wa were outdated mistake of law mistake of fact if eg thought that was in a different area due to navigational error ||ag made undertaking to remit costs & penalties but still recorded conviction judges scathing of prosecution) Information mistakenly interpreted: iannella v french (increased rent contrary to regulations read newspaper about expiry of related legislation mistakenly thought it was the applicable legislation mistake of law (3:2): mistake about effect of a document.
