Claim of right
38 Claim of right
A person is not criminally responsible for an offence that has a physical element relating to property if—
when carrying out the conduct required for the offence, the person is under a mistaken belief about a proprietary or possessory right; and
the existence of the right would negate a fault element for any physical element of the offence.
A person is not criminally responsible for any other offence arising necessarily out of the exercise of a proprietary or possessory right that the person mistakenly believes to exist.
This section does not negate criminal responsibility for an offence relating to the use of force against a person.
Division 2.3.5 External factors
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