A belief formed on the basis of legal advice about the legal effect of a court order (here, that a disqualification order did not prevent driving pending appeal) is a mistake of law, not a mistake of fact, and does not attract the excuse under s 24 of the Criminal Code 1899 (Qld). A court order of disqualification remains valid and effective unless and until set aside on appeal, and a court hearing a subsequent charge cannot go behind the earlier conviction.
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