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Law & Society
Course Code
Patricia O' Reilly

of 1
Crim Law
November 22, 2012
Week 11, Thursday
Mistake of Fact:
Is a defence in criminal law-
Mailhot case:
Facts- charged with willfully doing an indecent act “in a public place in the presence of one or more
persons”- who are not engaged in the act. (Mailhot thought the officer would be involved through
watching him)
In a park, and met an undercover cop and went to a spring to drink, and then mailhot asks if the officer
wants to see him, and the officer doesn’t say anything. Mailhot goes to a tree undresses and starts
masturbating and officer reveals self and arrests him.
First instance: accused
Court of appeal : acquittal
Elements: 1) honest 2) reasonable (does not always have to be reasonable-depends on context)
Sansregret case. Pg 219