7 Aug 2012, 1.10PM
The news report for the trial of Howard Shaw for sex with underage prostitute:
"It may have been a genuine mistake but not an honest and reasonable one. It was clearly self-induced," the judge said in his oral grounds of decision.
Concurring, the judge said Shaw's claims of being convinced the girl was above 18 - based on the website and from her "physical attributes, demeanour, behaviour and level of maturity" - cannot be a legitimate mitigating factor. "In any case, his belief was really conjecture or guesswork at best. He chose not to ask. Even if there was duplicity, he had allowed himself to be deceived," the judge said.
“Genuine mistake but not an honest one.” It is hard to understand. The girl at that time was 17+.
The girl cheated her age. Even if the accused asked the girl about her age, would she tell the truth?
I think the judge's agument is wrong.