So the reason Im writing this is I got a Vero warning and a takedown of listing on a hat I still swear is legitimate .
I was told next time I will Have a 3 day suspension from the site . It seems a very Drastic action considering that a counterfeiters whole business model is to fool people, including the experts , so what chance do I Have of determining the absolute Authenticity of an Item that I brought third hand . So anyway I was on the **bleep** ( Beers ) with my high class Barrister mate telling him my Storie and he was like " under Australian Law if you didn't know you were Breaking the law there's a probability you couldn't be prosecuted for it " So I was like but Ebay can Still ban Me ,' I saw the dollar signs flash across his eyes and he said that's not legal if you didn't know you were committing a crime , something called mens rea and he would love to test it .
Then he sent me an Email stating the next few segments :
The general rule of the English law is that no crime can be committed unless there is mens rea.
In Australia, the common law presumption of fault-based liability is also reflected in statute. Section 5.6 creates a rebuttable presumption that, to establish guilt, fault must be proven for each physical element of a offence.
In Australia offences are generally characterised
mens rea —they must prove a physical element (knowledge that a crime has been committed ) (actus reus) and a mental element (mens rea);
So are Vero bans a legal punishment for people who have no knowledge that have committed an infraction ........... just interested to hear opinions
