Honest and Reasonable Mistake of Fact
An honest and reasonable mistake of fact occurs where you commit an offence under an honest but mistaken belief as to facts, which, if were true, would mean no criminal offence was committed. The belief must be honest and reasonable and does not apply if the mistake was a mistake of law.
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WHAT IS A LEGAL DEFENCE OF HONEST AND REASONABLE MISTAKE OF FACT?
HONEST AND REASONABLE MISTAKE OF FACT
An honest and reasonable mistake of fact occurs where you commit an offence under an honest but mistaken belief as to facts, which, if were true, would mean no criminal offence was committed. The belief must be honest and reasonable and does not apply if the mistake was a mistake of law.
The defence of honest and reasonable mistake is available only for strict liability offences, which are offences that do not require the prosecution to prove intention, knowledge or recklessness.
LEGAL DEFENCES IN NSW
THINGS YOU NEED TO KNOW:
- A number of legal defences against convictions of criminal offences are available in NSW.
- Legal defences are used to justify the actions of an individual who has been accused or charged with a criminal offence.
- Legal defences are sourced from common law, with some now incorporated into legislation.
- Some legal defences apply to specific criminal offences, whilst other legal defences apply more broadly.
- Criminal Lawyers Group are the leading criminal law firm in NSW for using legal defences to obtain not guilty verdicts and the withdrawal of charges for clients charged with criminal offences.
Criminal Lawyers Group specialise in strategic approaches through legal defences to successful defend you against your criminal charges.
Our Criminal Lawyers will always provide effective legal representation that evaluates case-specific circumstances, identifies applicable defences, and presents a compelling case in court. Through the exceptional knowledge of these defences, our award-winning criminal lawyers strive to secure the best outcomes for defendants, ensuring compelling defences against criminal charges under the NSW legal system.
WHAT IS A LEGAL DEFENCE?
Legal defences are defences available to defend against criminal accusations and charges by justifying the actions of an individual through defences sourced from common law and legislation.
This article explores different types of legal defences available.
If you have been accused or charged with a criminal offence, contact our expert criminal lawyers immediately so that we may analyse which defences apply to your situation.
Steven Mercael​
Principal Lawyer​
