Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person is not criminally responsible for an offence that has a physical element for which there is a fault element other than negligence if—
(a) when carrying out the conduct making up the physical element, the person is under a mistaken belief about, or is ignorant of, facts; and
(b) the existence of the mistaken belief or ignorance negates a fault element applying to the physical element.
(2) In deciding whether a person was under a mistaken belief about facts, or was ignorant of facts, the trier of fact may consider whether the mistaken belief or ignorance was reasonable in the circumstances.