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Molis v R, [1980] 2 SCR 356

Facts:

M made MDMA in a lab. When started making it, it was not a prohibited drug. Regulation changed and now it is

Issue(s):

Is it a defence to argue that although you were wrong about state of law you were duly diligent in trying to obtain knowledge of it? NO

Ratio:

Neither ignorance of the law or mistake of law are defences
**There may be some limited defence of mistake of law = lack of knowledge of an unpublished (in Gazette) regulations (cant be punished for an unpublished regulation

Analysis:

M was ignorant of the content of a regulation. If a person is going to be involved in an activity that requires specialized knowledge – then that person is required to obtain that special knowledge

Holding:

M did not have a valid defence

Comments:

We are presumed to know the laws published in the Gazette


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