(1)A person’s mistake of law or ignorance of the law is not a defence to a charge for an offence unless it is otherwise provided by written law.
Section history
Section 79A — Mistake of law or ignorance of law not defence
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Subsection (2) — Original text to 1 March 2022superseded
(2)Despite subsection (1), when a mistake of law negates the fault element required to establish liability under an offence, then to avoid doubt, that offence is not made out.
Illustration
A mistakenly believes he has in law the right to deprive Z of a watch. A intentionally takes the watch out of Z’s possession without Z’s consent while labouring under such mistaken belief. A has not committed an offence of theft as he did not intend to dishonestly take the watch out of Z’s possession.
Subsection (2) — From 1 March 2022 (current)rewritten by Criminal Law (Miscellaneous Amendments) Act 2021
(2)To avoid doubt, where a person alleges a mistake of law or ignorance of the law that may negate the fault element of the offence that the person is charged with, the prosecution must prove the fault element in order to establish liability under the offence.