s 35
In forceMistake or ignorance of fact—fault elements other than negligence
Chapter 2General principles of criminal responsibility
Part 2.3Circumstances where there is no criminal responsibility
Division 2.3.4Mistake and ignorance
35 Mistake or ignorance of fact—fault elements other than negligence
(1)
A person is not criminally responsible for an offence that has a physical element for which there is a fault element other than negligence if—
(a)
when carrying out the conduct making up the physical element, the person is under a mistaken belief about, or is ignorant of, facts; and
(b)
the existence of the mistaken belief or ignorance negates a fault element applying to the physical element.
(2)
In deciding whether a person was under a mistaken belief about facts, or was ignorant of facts, the trier of fact may consider whether the mistaken belief or ignorance was reasonable in the circumstances.
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