ADMJ 101 Lecture Notes - Lecture 28: Crimes Act 1900, State Rail Authority, Lysaght (Australian Company)
Document Summary
Evidentiary burden on the accused and the prosecution to negative it beyond reasonable inadvertent reckless doubt. Proud men"s defence: proudman v dayman (1941) hca. Any person who permits any person not being the holder of a license to drive a motor vehicle on any road is guilty of an offence. Ibrahim [2014] nswcca: reasonable mistake is acceptable, distinguish not knowing a person"s age and having a mistaken but positive and reasonable belief that they are 16 for under age sex. Reasonable mistake that makes the act innocent . Mayer v marchant (1973) sascfc [224: he thought being over the weight limit was alright as in the past the authorities" hacek let him go. Guilty: honest and reasonable mistake of fact but it does not make the act innocent. Due diligence no excuse not a defense. Exception: statutory due diligence defense: crimes act 1900 (nsw) s 91f : has to be expressed expressly and burden on the defense.
