问题:Paulo had inside information and bought some shares. He has been charged with insider dealing.
  Which three of the following situations provide him with a general defence to the charge?
  A. He would have bought the shares anyway.
  B. Other people in his company did the same.
  C. He did not expect that he would make a profit or avoid a loss.
  D. He had reasonable grounds to believe that the information was widely known.
  E. He did not know it was a criminal offence.
  答案:The correct answer is:He did not expect that he would make a profit or avoid a loss; He had reasonable grounds to believe that the information was widely known; He would have bought the shares anyway.
  解析Three general defences are available under the Criminal Justice Act 1993, s.53 - not expecting a profit or avoidance of loss (i.e., an honest belief is sufficient, even if unreasonable); reasonable grounds to believe that the information had been disclosed widely (i.e., an honest belief is not enough); would have dealt in those securities anyway (e.g., to pay off an urgent debt). The other two situations will not help Paulo, as it is irrelevant that other people comitted the same offence, and one of the basic principles of criminal law is that ignorance of the law is not a defence.
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