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8 Cards in this Set
- Front
- Back
explain the Mistake defence |
if you’re mistaken as to the existence of the element of AR which requires MR |
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Can Mistakes be a complete defence |
yes if it negates D’s mens rea |
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Is the mistake being unreasonable relevant |
No, the court will judge you on what you believed the facts to be (subjective test) |
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what case shows the court judges you based on what you believed the circumstance to be |
Morgan |
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what case shows a reasonable mistake will be a defence where negligence is required for the element |
Tolson |
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can you use mistake as a defence if the crime doesnt require MR (is strict liability offence) |
no |
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what case shows a mistake of law (not knowing what the law was) is never a defence and that youll be treated as if you knew |
Bailey |
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what case shows that a mistake of civil law can be a defence where it relates to an element of AR such as believing anothers property was your own and taking it (theft) |
Smith |