R v Cunliffe

[2004] QCA 293

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Defence matters
3. › Honest claim of right to property
4. › Whether drug offences are 'offences relating to property' within s 22(2) Criminal Code (Qld)
5. › Whether generalised claim of liberty to grow cannabis constitutes honest claim of right
6. › Criminal Code (Qld), s 22(2)
7. › Drugs Misuse Act 1986 (Qld), ss 8, 9, 10
1. Criminal Law
2. › Defence matters
3. › Ignorance of the law
4. › Distinction between ignorance of law and honest claim of right
5. › Whether misinterpretation of law equates to ignorance of law
6. › Criminal Code (Qld), ss 22(1), 24
1. Criminal Law
2. › Trial
3. › Directions to jury
4. › Whether trial judge obliged to leave defence to jury not raised on the evidence

Quick Take

The defence of honest claim of right under s 22(2) of the Criminal Code (Qld) is not available for drug offences under ss 8, 9 and 10 of the Drugs Misuse Act 1986 (Qld), because those offences are not 'offences relating to property' within s 22(2). A generalised claim of liberty to grow cannabis on one's own land does not constitute an honest claim of right. Misinterpretation of the law equates to ignorance of the law under s 22(1).