Full Court Minute Books

Case H2/2020

Bell v. State of Tasmania

Case No.

H2/2020

Case Information

Lower Court Judgment

15/11/2019 Supreme Court of Tasmania (Court of Criminal Appeal) (Pearce and Brett JJ, Martin AJ)

[2019] TASCCA 19

Catchwords

Criminal law – Defences – Honest and reasonable mistake – Where applicant charged with one count of rape and one count of supply of controlled drug to child – Where trial judge left defence of honest and reasonable mistake as to age in relation to rape charge – Where counsel for applicant requested similar direction in respect of supply charge – Where trial judge refused to make such direction on basis that defence of honest and reasonable mistake as to age would not relieve applicant of criminal responsibility with respect to supply charge – Where jury convicted applicant of supply charge but could not reach verdict on rape or alternative charge of sexual intercourse with person under age of 17 – Where at retrial of sexual offence jury found applicant not guilty of rape but convicted on alternative charge – Where Court of Criminal Appeal upheld trial judge’s decision that defence of honest and reasonable mistake as to age not available in relation to supply charge – Whether defence of honest and reasonable mistake of fact only available where its successful use would lead to defendant not being guilty of any crime.

Documents*

05/06/2020 Hearing (SLA, Sydney and by video connection)

19/06/2020 Notice of appeal

24/07/2020 Written submissions (Appellant)

24/07/2020 Chronology (Appellant)

21/08/2020 Written submissions (Respondent)

11/09/2020 Reply

*The due dates shown for documents on this page are indicative only.