NSW Is men's rea a requirement of contravene AVO?

[Hellomyonlyfriend]

Is men's rea a requirement of contravene AVO under section 14 of the Crimes (Domestic and Personal) Violence Act?

 

[Rod]

Yes.

Keep in mind (pun intended) a court can impute intention for mens rea.

 

[Tim W]

In NSW, Breach AVO is dealt with as a strict liability offence.
The criminality arises out of the contempt for the Order.

 

[Atticus]

Not NSW, but an interesting read regarding mens rea in the context of AVO's

https://www.judicialcollege.vic.edu.au/resources/case-note-dpp-v-cormick-2023-vsca-186

 

[Hellomyonlyfriend]

Thanks. There was a similar one in DPP vs Cope (2021) VMC which states it is not a strict liability offence.

Appreciate your reply.

 

[Hellomyonlyfriend]

Does anyone know the binding precedent for NSW and it being a strict liability offence? Thanks.

 

[Tim W]

Does anyone know the binding precedent for NSW and it being a strict liability offence? Thanks.

Which of our answers so far are not enough for you?

What is the fact about which you claim to be honestly and reasonably mistaken?

 

[Hellomyonlyfriend]

I am just asking what case law they rely upon?

If you know the case please provide?

Section 13 of Act is not strict liability, so why should s.14 be considered so?

As if it is a strict liability offence, an honest and reasonable mistake of fact is pretty hard to raise.

 

[Tim W]

...an honest and reasonable mistake of fact is pretty hard to raise.

Correct.

Which is why I asked

What is the fact about which you claim to be honestly and reasonably mistaken?

 

[Hellomyonlyfriend]

A slight difference in the wording of something if that makes sense