High Court Wellington
12, 18 July 1988
Holland J
12, 18 July 1988
Holland J
Criminal law — Mens rea — Statutory offences — Onus of proof — Driving while disqualified — Defendant drove two days after being disqualified in the belief that disqualification did not commence until his licence was handed to a traffic officer — Genuineness of his belief was not in dispute — Whether mistake of law or of fact or both — Whether the defendant's mistake was a defence to the charge — Whether mens rea had been established — Transport Act 1962, ss 35 and 36.
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