s 43AW
In forceMistake or ignorance of fact – fault elements other than negligence
Schedule ICriminal Code of the Northern Territory of Australia
Part IIAACriminal responsibility for Schedule 1 offences and declared offences
Division 3Circumstances in which there is no criminal responsibility
Subdivision 3Mistake or ignorance
43AW 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)
at the time of the conduct constituting the physical element, the person is under a mistaken belief about, or is ignorant of, facts;
and
(b)
the existence of that mistaken belief or ignorance negates any fault element applying to that physical element.
(2)
In determining whether a person was under a mistaken belief about, or was ignorant of, facts, the tribunal of fact may consider whether the mistaken belief or ignorance was reasonable in the circumstances.
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.