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Mistake Of Fact
A mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake of law, which is not usually a defense; law enforcement may or may not take for granted that individuals know what the law is. Discussion Most criminal law systems in developed states exclude mistake of law as a defense, because allowing defendants to invoke their own ignorance of the law would breach the public policy represented by the Latin maxim: '' ignorantia legis neminem excusat''. But someone operating under a mistake of fact will not generally be liable, because, although the defendant has committed the ''actus reus'' of the offense, the defendant may honestly believe in a set of facts that would prevent him or her from forming the requisite ''mens rea'' required to constitute the crime. For example: A defendant goes into a supermarket and places e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake Of Law
Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. In jurisdictions that use the term, it is differentiated from mistake of fact. There is a principle of law that " ignorance of the law is no excuse". In criminal cases, a mistake of law is not a recognized defense, though such a mistake may in very rare instances fall under the legal category of " exculpation". In criminal cases a mistake of fact is normally called simply, "mistake". General principles Usually, there is in legal cases an irrebuttable presumption that people who are about to engage in an activity will comply with applicable law. As part of the rule of law, the law is assumed to be made available to everyone. The presumption of knowledge of applicable law generally will also apply in the situation of a recent change in the law with which a party in a legal case had n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corporations Act 2001
The ''Corporations Act 2001'' (Cth) is an Act of the Parliament of Australia, which sets out the laws dealing with business entities in the Commonwealth of Australia. The company is the Act's primary focus, but other entities, such as partnerships and managed investment schemes, are also regulated. The Act is the foundational basis of Australian corporate law, with every Australian state having adopted the Act as required by the Australian Constitution. The Act is the principal legislation regulating companies in Australia. It regulates matters such as the formation and operation of companies (in conjunction with a constitution that may be adopted by a company), duties of officers, takeovers and fundraising. Background Constitutional basis Australian corporate law was the subject of a successful legal challenge in the High Court of Australia in ''New South Wales v Commonwealth'' (1990) ('The Corporations Act Case'). In that case, the Commonwealth was found to have in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an Australian territory in the central and central northern regions of Australia. The Northern Territory shares its borders with Western Australia to the west ( 129th meridian east), South Australia to the south ( 26th parallel south), and Queensland to the east ( 138th meridian east). To the north, the territory looks out to the Timor Sea, the Arafura Sea and the Gulf of Carpentaria, including Western New Guinea and other islands of the Indonesian archipelago. The NT covers , making it the third-largest Australian federal division, and the 11th-largest country subdivision in the world. It is sparsely populated, with a population of only 249,000 – fewer than half as many people as in Tasmania. The largest population center is the capital city of Darwin. The archaeological history of the Northern Territory may have begun more than 60,000 years ago when humans first sett ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Euthanasia
Euthanasia (from el, εὐθανασία 'good death': εὖ, ''eu'' 'well, good' + θάνατος, ''thanatos'' 'death') is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different euthanasia laws. The British House of Lords select committee on medical ethics defines euthanasia as "a deliberate intervention undertaken with the express intention of ending a life, to relieve intractable suffering". In the Netherlands and Belgium, euthanasia is understood as "termination of life by a doctor at the request of a patient". The Dutch law, however, does not use the term 'euthanasia' but includes the concept under the broader definition of "assisted suicide and termination of life on request". Euthanasia is categorized in different ways, which include voluntary, non-voluntary, or involuntary. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Euthanasia Laws Act 1997
The ''Euthanasia Laws Act 1997'' (Cth) was an Act of the Parliament of Australia to amend the '' Northern Territory (Self-Government) Act 1978'', the Australian Capital Territory (Self-Government) Act 1988 and the Norfolk Island Act 1979 to remove the power of the Parliament of each of those territories to legalise euthanasia. The law was enacted in response to the enactment of the Rights of the Terminally Ill Act 1995 (NT) by the Parliament of the Northern Territory which had legalised euthanasia in the Territory. The Act was repealed by the '' Restoring Territory Rights Act 2022'', which was passed by the federal parliament in December 2022. Background The ''Euthanasia Laws Bill 1996'' was introduced in the Australian Parliament by Liberal Party backbencher Kevin Andrews as a private member's bill. The Act Despite the power to legislate for euthanasia being held by the states, under Section 122 of the Constitution of Australia the Federal Parliament has the power to o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tasmania
) , nickname = , image_map = Tasmania in Australia.svg , map_caption = Location of Tasmania in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of Tasmania , established_title2 = Federation , established_date2 = 1 January 1901 , named_for = Abel Tasman , demonym = , capital = Hobart , largest_city = capital , coordinates = , admin_center = 29 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
External Affairs Power
Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to "external affairs". In recent years, most attention has focused on the use of the power to pass legislation giving effect within Australia to its obligations under international treaties and conventions. In some cases, as with human rights or environmental protection, the activities regulated by treaty-implementing legislation have not been international in nature but rather located solely within Australia or even solely within a particular State. In Australia, developments in international law have no direct effect for domestic purposes unless a deliberate law-making act by the proper law-making authority has "transformed" the international rule into a domestic rule. Origins According to Constitutional law academic Michael Coper, it is "not entirely clear what the founding father ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights (Sexual Conduct) Act 1994
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crimes Act 1914
The ''Crimes Act 1914'' (Cth) is an Act of the Parliament of Australia which addresses the most serious federal offences — that is, crimes against the Commonwealth. It was the first major federal criminal law since the Federation of Australia in 1901, since most criminal law of Australia was, and still is, handled by the states and territories rather than at the federal level. Act Amongst other things, Volume 2 of the Act deals with offences against the administration of justice in federal proceedings, piracy, and offences relating to postal services. Structure Volume 1 *Part I – Preliminary; *Part IAA – Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants; *Part IAAA – Delayed notification search warrants; *Part IAAB – Monitoring of compliance with control orders etc.; *Part IAB – Controlled operations; *Part IABA – Integrity testing; *Part IAC – Assumed identities; *Part IACA – Witn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Code Act 1995
The criminal law of Australia is the body of law in Australia that relates to crime. Responsibility for criminal law in Australia is divided between the state and territory parliaments and the Commonwealth Parliament. This division is due to the Commonwealth Parliament's limited legislative powers under Australian constitutional law.While Australian State Governments have plenary power to enact legislation; the Commonwealth's legislative powers are exhaustively defined within the Australian Constitution. The criminal law system differs across Australian States; with distinctions readily found across jurisdictions regarding criminal offences, sentencing, and criminal procedure. Additionally, there exists a distinction between Australia's 'Code States' and 'Common Law States'. The 'Code States' of Western Australia, Queensland, and Tasmania have wholly replaced the system of judge-made criminal law inherited from England; with legislative instruments that exhaustively define the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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