Mistake of fact – strict liability
43AX Mistake of fact – strict liability
A person is not criminally responsible for an offence that has a physical element for which there is no fault element if:
at or before the time of the conduct constituting the physical element, the person considered whether or not facts existed and was under a mistaken but reasonable belief about those facts; and
had those facts existed, the conduct would not have constituted an offence.
A person may be regarded as having considered whether or not facts existed if:
he or she had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and
he or she honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.
Note for section 43AX
Section 43AO(2) prevents this section applying in situations of absolute liability.
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