Ignorantia juris non excusat
Encyclopedia : I : IG : IGN : Ignorantia juris non excusat
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| Criminal law in English law |
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| Part of the common law series |
| Classes of crimes |
| Summary · Indictable |
| Hybrid offence · Regulatory offences |
| Lesser included offence |
| Elements of crimes |
| Actus reus · Causation (law)>Causation |
| Mens rea · Intention (criminal)>Intention (general) |
| Intention in English law · Recklessness (criminal)>Recklessness |
| Criminal negligence · Corporate liability |
| Vicarious liability · Strict liability |
| Omission · Concurrence |
| Ignorantia juris non excusat |
| Inchoate offences |
| Incitement · Conspiracy (crime)>Conspiracy |
| Accessory · Attempt |
| Common purpose |
| Defences |
| Consent · Diminished responsibility |
| Duress |
| M'Naghten Rules · Necessity in English law>Necessity |
| Provocation |
| Self-defence |
| Crimes against the person |
| Common assault · Battery (crime)>Battery |
| Actual bodily harm · Grievous bodily harm |
| Offences Against The Person Act 1861 |
| Murder · Manslaughter |
| Corporate manslaughter · Harassment |
| Public order and crimes against property |
| Criminal Damage Act 1971 |
| Malicious Damage Act 1861 |
| Public nuisance |
| Crimes of dishonesty |
| Theft Act 1968 · Theft · Dishonesty |
| Robbery · Burglary · TWOC |
| Deception · Deception offences |
| Blackmail · Handling |
| Theft Act 1978 · Forgery |
| Computer crime |
| Sexual crimes |
| Rape · Kidnapping |
| Crimes against justice |
| Bribery · Perjury |
| Obstruction of justice |
| See also Criminal Procedure |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and trusts · Evidence |
| Portals: · |
Explanation
The rationale behind the doctrine is that if ignorance was an excuse, persons charged with criminal offenses or the subject of civil lawsuits would merely claim they were unaware of the law in question to avoid liability, whether criminal or civil [[Citing sources citation needed]]. Thus, the law imputes knowledge of all laws to all persons within the jurisdiction no matter how transiently. Even though it would be impossible, even for someone with substantial legal training, to be aware of every law in operation in every aspect of a state's activities, this minor injustice is the price paid to ensure that willful blindness cannot become the basis of exculpation. Thus, it is well settled that persons engaged in any undertakings whether outside what is common for a normal person, such as running a nuclear power plant, will make themselves aware of the laws necessary to engage in that undertaking. If they do not, they cannot complain if they incur liability.The doctrine assumes that the law in question has been properly published and distributed, for example, by being printed in a government gazette, made available over the internet, or printed in volumes available for sale to the public at affordable prices.
In the Criminal Law, although ignorance may not go to guilt, it can be a consideration in sentence, particularly where the law is unclear or the defendant sought advice from law enforcement or regulatory officials. For example, in one Canadian case, a person was charged with being in possession of gambling devices after they had been advised by customs officials that it was legal to import such devices into Canada. Although the defendant was convicted, the sentence was an absolute discharge.
In addition, there were, particularly in the days before satellite communication and cellular phones, persons who could genuinely be ignorant of the law due to distance or isolation. For example, in a case in British Columbia, a pair of hunters were acquitted of game offenses where the law was changed during the period of time they were in the wilderness hunting. In reaching this decision, the court refused to follow an early English law case in which a seaman on a clipper before the invention of radio was convicted even though the law had been changed while he was at sea (Bailey (1800) Russ & Ry 1).
See also
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