Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 2.3 - Circumstances in which there is no criminal responsibility  


This Part sets out defences that are generally available. Defences that apply to a more limited class of offences are dealt with elsewhere in this Code and in other laws.

Division 9 - Circumstances involving mistake or ignorance  

SECTION 9.1   Mistake or ignorance of fact (fault elements other than negligence)  

A person is not criminally responsible for an offence that has a physical element for which there is a fault element other than negligence if:

(a) at the time of the conduct constituting the physical element, the person is under a mistaken belief about, or is ignorant of, facts; and

(b) the existence of that mistaken belief or ignorance negates any fault element applying to that physical element.

In determining whether a person was under a mistaken belief about, or was ignorant of, facts, the tribunal of fact may consider whether the mistaken belief or ignorance was reasonable in the circumstances.

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