Re: {nsw} When to change trains

[Dave Proctor <david@sd3.mailbank.com>]

On 31 May 2001 12:07:09 +1000, "Bradley Torr"
<truenorth@one.net.au.SPAMTRAP> wrote:

>Dave Proctor <david@spambait.proctor.net> wrote in article
><fc0bhtgfouro1e4t8pkdba5h6u69sddj9u@4ax.com>...
>
>> Pretty much - criminal intent, i.e. you must have the intention to
>> commit the act which is illegal.
>
>Do you have to KNOW that the act is illegal when you commit it?

No - you merely have to intend to do what is illegal.

Take dishonoured cheques, for example. If you write a cheque today
knowing that your pay will go into that account tomorrow, but the
company you work for goes broke tonight, meaning your pay does not go
in. You did not intentionally write a cheque knowing that there would
be insufficient funds available when it was presented, so no offence
has been committed.

If however you wrote a cheque knowing it would bounce, then an offence
has been committed, regardless of whether or not you actually knew it
was illegal.

>For example, say that I BELIEVE that a Day Tripper will get me to Gosford.
>I catch a train to Gosford, get off and revenue protection officers find
>me, ask for my ticket and fine me.
>
>I have actually committed an illegal act, even though I didn't know that it
>was illegal, though I did have the intent to travel to Gosford. What does
>'mens rea' mean in this situation?

Different situation in this case. You would be expected to make
yourself aware of the areas that a ticket like that covers before
actually making the journey. You *may* get away with it if you were a
visitor to the city, and had proof of this (interstate drivers licence
or an overseas passport) but you would still have to pay the correct
fare.

This happened to me once when in Melbourne, I went about three stops
past the Zone 1/2 border on an 86 tram, and the RPO's came on. They
made me buy a Zone 2 ticket (fair enough) but my NSW drivers licence
was enough to avoid a fine.

Dave