No defence of mistaken but honest and reasonable belief that activity was not sexual or conduct was not offensive
34BE No defence of mistaken but honest and reasonable belief that activity was not sexual or conduct was not offensive
S. 34BE inserted by No. 47/2016 s. 3.
It is not a defence to a charge that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that—
for an offence against section 34B(1)—the activity was not sexual; or
for an offence against section 34BB(1)—the conduct was not offensive.
Note
The reference to A in this section is a reference to the same A referred to in the offence provisions in this Subdivision.
Pt 1 Div. 1 Subdiv. (6) (Heading and s. 36) amended by Nos 9155 s. 3, 9576 s. 11(1), repealed by No. 10233 s. 8(2).
* * * * *
Pt 1 Div. 1 Subdiv. (7) (Heading and ss 37–43) amended by Nos 6958 s. 8(4)(b), 7546 s. 4, 7876 s. 2(3), 8280 s. 5, 9576 s. 11(1), repealed by No. 10233 s. 8(2).
* * * * *
Pt 1 Div. 1 Subdiv. (8) (Heading and ss 44–62) amended by Nos 6761 s. 2, 7332 s. 2(Sch. 1 item 18), 7577 s. 2, 8280 s. 6, substituted as Pt 1 Div. 1 Subdiv. (8) (Heading and ss 44-46) by No. 9509 s. 5, substituted as Pt 1 Div. 1 Subdiv. (8) (Heading and ss 36–39) by No. 8/1991 s. 3, substituted as Pt 1 Div. 1 Subdiv. (8) (Heading and ss 35–37) by No. 81/1991 s. 3.
Sexual offences (general provisions)
S. 34C inserted by No. 74/2014 s. 3 (as amended by No. 14/2015 s. 69(2)), repealed by No. 47/2016 s. 4.
* * * * *
New s. 35 inserted by No. 81/1991 s. 3, amended by Nos 2/2006 s. 3, 12/2008 s. 73(1)(Sch. 1 item 16), 4/2009 s. 37(Sch. 1 item 9), 74/2014 s. 7(1), substituted by No. 47/2016 s. 5.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.