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CRIMINAL CODE 2002 - SECT 35 Mistake or ignorance of fact—fault elements other than

CRIMINAL CODE 2002 - SECT 35

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)     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.