For a defence of aiding in self-defence (s 273 Criminal Code (Qld)) combined with mistake of fact (s 24) to be left to the jury, there must be some evidentiary foundation — direct or inferential — from which a reasonable jury could infer the accused held an honest and reasonable but mistaken belief that the person aided was entitled to use force in self-defence. Speculation about what the accused might have perceived is insufficient; the court will scrutinise the available evidence (including CCTV footage) for any factual foundation supporting the requisite inference. Where the evidence shows the accused acted immediately without any apparent assessment of the situation, no such inference can be drawn.
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