Re:A software change allowed FTX to use client money
by ellen364 on Wednesday December 14, 2022 @03:55AM
(#33981405)
In English courts, there’s some debate about a defendant’s ignorance of the law.
In this Chancery case from 2021, the judge mulls over what it means that a defendant is “unaware”. He considers the distinction between someone who knows about the relevant law and misunderstands it vs someone who doesn’t know at all. And the judge briefly wonders whether someone working in regulated activity (like finance) and completely unaware poses the most risk to the public.
The judge left the issue unsettled, but it raises the possibility that ignorance might count against a defendant. The Chancery Division handles business disputes, though, and I imagine the criminal courts have their own rules.
In this Chancery case from 2021, the judge mulls over what it means that a defendant is “unaware”. He considers the distinction between someone who knows about the relevant law and misunderstands it vs someone who doesn’t know at all. And the judge briefly wonders whether someone working in regulated activity (like finance) and completely unaware poses the most risk to the public.
The judge left the issue unsettled, but it raises the possibility that ignorance might count against a defendant. The Chancery Division handles business disputes, though, and I imagine the criminal courts have their own rules.
Paragraphs 22-25 are most relevant: https://www.bailii.org/ew/cases/EWHC/Ch/2021/995.html