Error of law, state-induced, criminal liability, injustice, mistake of law
Like other contributors to this Nova Scotia issue of the Law Journal I was asked to comment upon any interesting developments, whether in cases or legislation, that had occurred in a particular area of law, in my case criminal law, since the time of the last "round-up". 1 When I began I intended to do as I had been asked; and there were, indeed, a number of matters which I felt to be worthy of comment. 2 1 was waylaid, however. I came across a case in which the Appeal Division of the Nova Scotia Supreme Court took a position which so strongly offended my "sense of injustice" that I abandoned my former efforts and decided to focus on the issues which the Court's position raises. The decision to which I refer is Dunn v. The Queen;3 the position which I will analyze concerns mistake of law.
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Terence Arnold, “State-Induced Error of Law, Criminal Liability and Dunn v. The Queen: A Recent Non-Development in Criminal Law”, Comment, (1977-1978) 4:2 DLJ 559.