Principle

CRIMINAL LAW — Defences — Mistake of Fact — Honest and Reasonable Belief Must Be Credible

Area of law
CRIMINAL LAW
Court
Supreme Court

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…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in