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)
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
03/02/2021 Hearing (Full Court, Canberra) (Audio-visual recording)
03/02/2021 Outline of oral argument (Appellant)
03/02/2021 Outline of oral argument (Respondent)
29/03/2021 Further written submissions (Appellant)
12/04/2021 Further written submissions (Respondent)
27/04/2021 Written submissions (Attorney-General of the State of Queensland, intervening)
27/04/2021 Written submissions (Attorney-General for the State of Tasmania, intervening)
27/04/2021 Written submissions (Attorney-General for the State of New South Wales, intervening)
04/05/2021 Supplementary Reply
03/08/2021 Hearing (Full Court, Canberra) VACATED
05/10/2021 Further outline of oral argument (Appellant)
05/10/2021 Further outline of oral argument (Respondent)
05/10/2021 Outline of oral argument (Attorney-General of the State of Queensland, intervening)
05/10/2021 Outline of oral argument (Attorney-General for the State of Tasmania, intervening)
05/10/2021 Outline of oral argument (Attorney-General for the State of New South Wales, intervening)
05/10/2021 Hearing (Full Court, Canberra by video connection) (Audio-visual recording)
06/10/2021 Hearing (Full Court, Canberra by video connection) (Audio-visual recording)
08/12/2021 Judgment (Judgment summary)