Under s 9.1 of the Criminal Code (Cth), the reasonableness of a mistaken belief about facts is merely a factor for the jury to consider in determining whether the belief was actually held; it is not a prerequisite for the defence. A direction that the mistake must be 'reasonable' to engage the defence is a misdirection. Where cumulative trial errors — including misdirections on the central defence and incorrect evidence before the jury — divert the jury from the essential factual question, the proviso in s 668E(1A) Criminal Code (Qld) cannot be applied because the trial has so far miscarried as hardly to be a trial at all. Additionally, the fault element for 'deception' under s 134.2 requires proof of an intention to deceive, not merely an intention that the recipient believe and act upon the statements.
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