Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.3 - Circumstances in which there is no criminal responsibility  

Note:

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 9.2   Mistake of fact (strict liability)  

(1)  
A person is not criminally responsible for an offence that has a physical element for which there is no fault element if:


(a) at or before the time of the conduct constituting the physical element, the person considered whether or not facts existed, and is under a mistaken but reasonable belief about those facts; and


(b) had those facts existed, the conduct would not have constituted an offence.

(2)  
A person may be regarded as having considered whether or not facts existed if:


(a) he or she had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and


(b) he or she honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.

Note:

Section 6.2 prevents this section applying in situations of absolute liability.




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