Mistake Of Fact

Mistake of Fact
Mistake of Fact is a defence make by the
The wrongdoing of fact defence can be raisd normally if:
(a) The mistake was an honest one
(b) No offenc would have been commit had the mountain been as the impeach believed them to be
Most criminal police force systems in developed states exclude mistake of law as a defence, and the Supreme Court of Canada has limited the defence by arguing that mistake of fact must be baed on more than the perfect assertion by the accused of the mistake belief. The courts have to a fault been less willing to apply this defenc when an accused makes a mistake dealing with the nature of illegal drugs. In 1992 the offence of familiar assault was amended to restrict the defence of mistake of fact. air division 273.2 of the Criminal Code now states that the accusers belief that the complainant consented is not a defence if:
(a) It arose from the accuseds, or
(i) self-induced intoxication, or
(ii) recklessness or wilful blindness, or
(b) the accused did not take the reasonable steps in the circumstances known to the accused at the time, to a certain that the complainant was consenting.




The defence of Mistake of Fact is sometimes allowed as a valid defence because, although the defendant has committed the actus reus o the offense, the defendant may honestly belive in a set of facts that would keep him or hr from forming the mens rea required to constitute the crime.
R v Adey, 2001 NFLd
Facts/evidence: Mr. Adey bought a stolen satellite dish from a individual he did not know at the Viking Mall set(p) in St.Anthony. He purchased the dish for $15 and had it set up at his home. This satellite dish had originally been purchased by Mr. Todd Russell in St. Johns. He paid $349 +tax for the dish. The satellite dish was stolen on his flight through with(predicate) St. Anthonys.
Position of the parties
Argues that the mens rea element has been established through the application of the doctrine of wilful blindness. The accused ignored a number of red...If you want to get a full essay, post it on our website: Ordercustompaper.com



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