53VNo defence of honest and reasonable mistake

53V No defence of honest and reasonable mistake

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—

(a) for an offence against section 53R(1)—production of the intimate image was not contrary to community standards of acceptable conduct; or

(b) for an offence against section 53S(1)—distribution of the intimate image was not contrary to community standards of acceptable conduct; or

(c) for an offence against section 53T(1)—distribution of the intimate image would not be contrary to community standards of acceptable conduct.

The reference to A in this section is a reference to the same A referred to in sections 53R, 53S and 53T.

S. 53W inserted by No. 38/2022 s. 22.