LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Mistake of Fact — Honest and Reasonable Belief Must Be Credible
PRINCIPLE STATEMENT
The test of honest belief for defence of mistake rests on whether the accused honestly and in good faith made a mistake without fault or negligence. The mistake must be determined by circumstances that might reasonably affect his mind. A concocted, bizarre, incredible story meant for infants will not suffice.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Aiguokhian v. State (2004) NLC-282003(SC) at pp. 2–3; Paras E–B.
"The test of honest belief which should shore up a defence of mistake rests apriori on whether the accused honestly and in good faith and without any fault or negligence made a mistake in the nature of the situational premise prevailing as at the time, and that shall be determined and related to the circumstances as might reasonably to be expected to affect his mind to induce belief or otherwise of the defence of mistake. In the present case, this is not the case. What we have here is a case of barefaced murder which the appellant has now concocted a story so bizarre and incredible as a defence that he hopes he could induce belief in such a fairy tale meant for infants."
EXPLANATION / SCOPE
Mistake of fact defence requires honest, good faith belief without fault or negligence. The mistake must be reasonable based on prevailing circumstances. The principle applies to criminal law defences. Concocted, bizarre, and incredible stories will not sustain the defence. The court assesses credibility of the alleged mistake. A fairy-tale defence is rejected.
