Australian Capital Territory Repealed Acts

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This legislation has been repealed.

CRIMINAL CODE 2001 NO 64 (REPEALED) - SECT 19

Mistake or ignorance of fact—fault elements other than negligence

    (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)     at the time of the conduct constituting 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 any fault element applying to that physical element.

    (2)     In deciding whether a person was under a mistaken belief about, or was ignorant of, facts, the tribunal of fact may consider whether the mistaken belief or ignorance was reasonable in the circumstances.



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