43AZ

Claim of right

In force

(1)

A person is not criminally responsible for an offence that has a physical element relating to property if:

(a)

at the time of the conduct constituting the offence, the person is under a mistaken belief about a proprietary or possessory right;

and

(b)

the existence of that right would negate a fault element for any physical element of the offence.

(2)

A person is not criminally responsible for any other offence arising necessarily out of the exercise of the proprietary or possessory right that the person mistakenly believes to exist.

(3)

This section does not negate criminal responsibility for an offence relating to the use of force against a person.

This Act’s bill:Second reading speech

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