Mistake (criminal Law)
A mistake of fact may sometimes mean, that while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the required mens rea, and so will escape liability for offences that require mens rea. This is unlike a mistake of law, which is not usually a defense.
Read more about Mistake (criminal Law): Discussion, Honestly Held But Unreasonable Beliefs, England and Wales
Famous quotes containing the word mistake:
“I do not allow myself to be moved by anything except the law. If there has been a mistake in the law, or if I think there has been perjury or injustice, I will weigh the petition most carefully, but I do not permit myself to be moved by more harrowing details, and I try to treat each case as if I was reviewing it or hearing it for the first time from the bench.”
—William Howard Taft (1857–1930)