Highest court’s test case

A CONTROVERSIAL piece of Tasmanian criminal law is being considered by a panel of Australia’s most senior judges, as Attorney-General Elise Archer ponders whether to intervene in the High Court case.

The debate has arisen following the 2019 imprisonment of New Town man Chauncy Aaron Bell, found guilty of injecting a 15-year-old girl with ice and unlawful sexual intercourse with a young person.

During his Supreme Court trial, Chief Justice Alan Blow directed the jury that it made no difference – regarding his charge of supplying a controlled drug to a child – whether or not Bell held an honest and reasonable mistaken belief that she was over 18.

The drug charge differed from the under-age sex charge for which, under Tasmanian law, it is a defence if someone holds a reasonable but mistaken belief as to age, as the conduct in supplying drugs would still be illegal even if the girl was of adult age.

Bell, who was jailed, fought his drug supply conviction in the Court of Criminal Appeal, arguing that a mistaken belief as to age should be a valid defence in his drug conviction.

But the appeal judges unanimously agreed it wasn’t a ground for exculpation.

Bell’s Hobart-based barrister, Kim Baumeler, has now taken the fight to the High Court.

According to court documents, she has argued that an accused person must have criminal intent in order to be found guilty of a crime.

Ms Baumeler is asking the High Court to allow Bell’s appeal, to quash his conviction and set aside his sentence, and to remit the matter back to the Supreme Court of Tasmania for a new trial.

“A person should not be convicted of the offence of supply to a child where the prosecution has failed to prove beyond a reasonable doubt to a jury that there was an absence of an honest and/or reasonable belief that the person was an adult,” she said in her written submissions.

Last week, Ms Baumeler appeared in Canberra before Chief Justice of Australia Susan Kiefel and Justices Stephen Gageler, Patrick Keane, James Edelman and Simon Steward.

She argued that if the jury found he held a reasonable mistake as to the girl’s age, Bell could have been acquitted.

A win for Bell would involve the overturning of a previous High Court decision, which Chief Justice Kiefel described as “a large step”.

She directed that all state and territory attorneysgeneral should be contacted in case they wished to intervene.

Tasmanian Attorney-General Ms Archer said the government was “considering the implications” of the case.