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Section 9: Mistake of fact defense in criminal law

9.Mistake of fact

(1)A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he or she believed to exist.

(2)The operation of this section may be excluded by the express or implied provisions of the law relating to the subject.

Plain English Summary

You can avoid criminal responsibility for an act or omission if you honestly and reasonably believed in a mistaken set of facts. The law only holds yo...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within Penal Code Act. Faster results.