Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.4 - Dangerous weapons  

Division 361 - International firearms trafficking  

SECTION 361.4   361.4   Defence - reasonable belief that conduct is justified or excused by or under a law  
A person is not criminally responsible for an offence against this Division if:


(a) at the time of the conduct constituting the offence, the person was under a mistaken but reasonable belief that the conduct was justified or excused by or under a law of the Commonwealth or of a State or Territory; and


(b) had the conduct been so justified or excused - the conduct would not have constituted the offence.

Note:

A defendant bears an evidential burden in relation to the matter in paragraph (a) (see subsection 13.3(3) ).




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