"To say he did this to prevent globalization, to try and stop this country cosying up to America, to draw attention to the dangers facing the world and protect his son, does not, I'm afraid, in law, amount to a lawful excuse, " said Bathurst-Norman.
32.
Despite this, it was held that the owner of the factory was entitled to have it burned down as the Lord Chief Justice put it, " [ i ] t is not an offence for a man to set light to his own . . . property " and therefore Denton, knowing this, had a lawful excuse independent of section 5.
33.
However he did note that the individuals could potentially be prosecuted by the State of Victoria with a long list of criminal offences, including possession of firearms without a licence, possession of prohibited implements ( including machine guns, silencers and housebreaking tools ), aggravated burglary in possession of a firearm, common assault, wilful damage to property, possession of a disguise without lawful excuse and numerous motor vehicle offences.
34.
10 . ( 1 ) Every person who ( b ) without lawful excuse, manufactures, imports, distributes, leases, offers for sale, sells, installs, modifies, operates or possesses any equipment or device, or any component thereof, under circumstances that give rise to a reasonable inference that the equipment, device or component has been used, or is or was intended to be used, for the purpose of contravening section 9.
35.
Section 201 ( 1 ) makes it an indictable offence for to " ( keep ) a common gaming house or common betting house " with a maximum penalty of two years'imprisonment, while Section 201 ( 2 ) makes it a summary offence to be " found, without lawful excuse, in a common gaming house or common betting house " with a maximum penalty of six months'imprisonment and / or a $ 5, 000 fine.
36.
The case of " Jaggard v . Dickinson " ( 1980 ) held that even a drunken belief will support the defence even though this allows drunkenness to negate basic intent; and " Lloyd v . DPP " ( 1992 ) ruled that a motorist who damages a wheel clamp to free his car, having parked on another's property knowing of the risk of being clamped, does not have a lawful excuse under the Act even if he makes a mistake of law.
