The offence of publishing an indecent article under s 578C(2) of the Crimes Act 1900 (NSW) does not require proof that the accused knew or believed the article was indecent. Indecency is a wholly objective element. The offence is one of strict liability, but the defence of honest and reasonable mistake of fact (including about indecency) is available. Ignorance of indecency may be addressed through sentencing discretion.
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