Claim of right under s 38 of the Criminal Code 2002 (ACT) is not available for aggravated burglary because intent to commit theft is not a physical element relating to property. Claim of right is not available for attempted aggravated robbery because it is an offence relating to the use of force against a person within s 38(3). A mistaken belief about a proprietary or possessory right need not relate to a right that actually exists at civil law, but must be a positive belief — ignorance of civil law rights does not suffice. These principles apply equally to s 9.5 of the Criminal Code (Cth).
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