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Mistake of Fact & Mistake of Law

Mistake of Fact & Mistake of Law. Defences. Mistake of Fact. The accused does not have a mens rea (guilty mind) Accused does not have the intent to commit the crime Accused can argue they misinterpreted the law . When can Mistake of Fact be Used? .

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Mistake of Fact & Mistake of Law

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  1. Mistake of Fact &Mistake of Law

    Defences
  2. Mistake of Fact The accused does not have a mens rea (guilty mind) Accused does not have the intent to commit the crime Accused can argue they misinterpreted the law
  3. When can Mistake of Fact be Used? Mistake has to be HONEST and REASONABLE Cannot be used in absolute liability cases
  4. Example: A person is growing a plant in their garden. However, the plant turns out to be marijuana. The accused did not know it was marijuana though. Crown must prove the accused had the intent and that he/she did not know it was marijuana
  5. Mistake of Fact and the Court Courts less likely to use this defence Especially in regards to illegal drug cases
  6. Mistake of Law The accused has made every effort to conform to the law, however since there are an enormous number of laws, they end up violating one of the laws The accused also received professional, but incorrect advice
  7. Example: A husband and wife are charged with operating a business out of their home. They have violated the municipal bylaws. However, the couple received advice from a city planner to determine if the business was legal/okay to run. City Planner gave them permission to run the business. Therefore, court acquitted them because they received legal advice.
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