Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 1 IntroductoryChapter 4 Royal prerogative of mercy[s 18]might be convicted upon the indictment or complaint onwhich the person is charged.Note—This section does not apply to the charge mentioned in section 678B(Court may order retrial for murder—fresh and compelling evidence) or678C (Court may order retrial for 25 year offence—tainted acquittal).Chapter 4Royal prerogative of mercy18 Royal prerogative of mercyThis Code does not affect the Royal prerogative of mercy.Chapter 5Criminal responsibility22 Ignorance of the law—bona fide claim of right(1) Ignorance of the law does not afford any excuse for an act oromission which would otherwise constitute an offence, unlessknowledge of the law by the offender is expressly declared tobe an element of the offence.(2) But a person is not criminally responsible, as for an offencerelating to property, for an act done or omitted to be done bythe person with respect to any property in the exercise of anhonest claim of right and without intention to defraud.(3) A person is not criminally responsible for an act or omissiondone or made in contravention of a statutory instrument if, atthe time of doing or making it, the statutory instrument wasnot known to the person and had not been published orotherwise reasonably made available or known to the publicor those persons likely to be affected by it.Current as at 1 December 2014 Page 53