313.2
In forceDefence—reasonable belief that conduct is justified or excused by or under a law
ScheduleThe Criminal Code
Volume 2sch (s 268.1-395.50)
Chapter 9Dangers to the community
Part 9.1Serious drug offences
Division 313Defences and alternative verdicts
313.2 Defence—reasonable belief that conduct is justified or excused by or under a law
A person is not criminally responsible for an offence against this Part if:
(a)
at the time of the conduct constituting the offence, the person was under a mistaken but reasonable belief that the conduct was justified or excused by or under a law of the Commonwealth or of a State or Territory; and
(b)
had the conduct been so justified or excused—the conduct would not have constituted the offence.
Note:
A defendant bears an evidential burden in relation to the matter in paragraph (a) (see subsection 13.3(3)).
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