David Norris (Independent)

I move amendment No. 6:

In page 3, subsection (5), line 8, to delete "honestly" and substitute "reasonably".

The Minister has partly answered this in his response to understanding the mind of the offender in respect of guilt and responsibility. There can be situations where an accused person tells the court he or she honestly believed the recipient of his or her intentions was of a certain age. It would be difficult to know if that belief was honestly held.

There are situations in which the defendant can state a defence of honest mistake but it may not be true. It would be much easier for a judge to determine if it was reasonable. Even if the defendant could state that he or she did not know, in some cases the defendant should have known. If we are serious about protecting children, we ought to have a situation where someone can be penalised for acting with what, at the minimum, is gross irresponsibility. That is not covered by the term "honestly", but it would be covered by that of "reasonably".