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 9.5   Claim of right  

(1)  
A person is not criminally responsible for an offence that has a physical element relating to property if:


(a) at the time of the conduct constituting the offence, the person is under a mistaken belief about a proprietary or possessory right; and


(b) the existence of that right would negate a fault element for any physical element of the offence.

(2)  
A person is not criminally responsible for any other offence arising necessarily out of the exercise of the proprietary or possessory right that he or she mistakenly believes to exist.

(3)  
This section does not negate criminal responsibility for an offence relating to the use of force against a person.




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