CRIM 230 Lecture Notes - Lecture 9: Mens Rea, Regulatory Offence, Actus Reus
12 Apr 2016
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Chapter 9 : mistake of fact, consent, and mistake of law as defences. Answer depends on whether the particular offence concerned requires proof of subjective or objective mens rea. Monday, april 11, 2016 criminal offences (subjective mens rea) An honest mistake of fact constitutes a defence because it negatives the mens rea that has to be proved by the crown it does not have to be reasonable. The defence of mistake of fact will not be available if the accused was either reckless or wilfully blind. The modi ed objective test requires that a mistake of fact must be reasonable if it is a valid defence. The mistake must be one that a reasonable person would make in the same circumstances and with the same knowledge as the accused persons regulatory offences. Strict liability offences : due diligence defence requires that mistakes of fact be reasonable.
