Bell v Tasmania

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, KEANE, GORDON, EDELMAN, STEWARD AND GLEESON JJCHAUNCEY AARON BELL  APPELLANTANDSTATE OF TASMANIA  RESPONDENTBell v Tasmania[2021] HCA 42Dates of Hearing: 5 & 6 October 2021Date of Judgment: 8 December 2021H2/2020ORDERAppeal dismissed. On appeal from the Supreme Court of TasmaniaRepresentationK L Baumeler with P J Willshire for the appellant (instructed by Philippa Willshire)D G Coates SC with M C Figg for the respondent (instructed by Office of the Director of Public Prosecutions (Tas))M E O'Farrell SC, Solicitor-General for the State of Tasmania, with D R Osz for the Attorney-General for the State of Tasmania, intervening (instructed by Office of the Solicitor-General (Tas))G A Thompson QC, Solicitor-General of the State of Queensland, with P M Clohessy for the Attorney-General of the State of Queensland, intervening (instructed by Crown Law (Qld))D T Kell SC with E S Jones for the Attorney-General for the State of New South Wales, intervening (instructed by Crown Solicitor's Office (NSW))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSBell v TasmaniaCriminal law – Defences – Honest and reasonable mistake of fact – Where appellant charged with supplying controlled drug to child contrary to s 14 of Misuse of Drugs Act 2001 (Tas) – Where appellant claimed he honestly and reasonably believed child was adult – Where appellant's conduct, had his belief been true, would have constituted lesser offence of supplying controlled drug contrary to s 26 of Misuse of Drugs Act –...