Australian Capital Territory Repealed Acts

This legislation has been repealed.

CRIMINAL CODE 2001 NO 64 (REPEALED) - SECT 20

    (1)     A person is not criminally responsible for an offence that has a physical element for which there is no fault element if—

        (a)     at or before the time of the conduct constituting the physical element, the person considered whether or not facts existed, and was under a mistaken but reasonable belief about those facts; and

        (b)     had those facts existed, the conduct would not have constituted an offence.

    (2)     A person may be regarded as having considered whether or not facts existed if—

        (a)     the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and

        (b)     the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.

Note     Section 18 (Absolute liability) prevents this section applying to offences of absolute liability.