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In a criminal case mistake of fact and mistake of law are used as a legal defenses,
where the defendant proves that he has honestly made a mistake. He has to
prove that he lacked an element of crime.
In a mistake of fact defense the defendant declares that his intention was not to
commit a crime and that he has misunderstood a fact. For instance, Mr. A was
showing Mr B his cool antique gun. While he accidentally pulls the trigger and
shot him down.
He claimed that he did not know the gun was loaded and his intention was to
show him his gun. In UK Criminal use of fire arms Section 19: “it is an offence
for a person to have with them in a public place without lawful authority or
reasonable excuse a loaded shot gun. “
In his defense his lawyer could argue that he lacked mens rea. And his intention
was not to violate the law. And if his mistakes appeared to be honest and
reasonable to the jury. He would find that he is guilty.
Under the mistake of law, the defendant has to prove that he/she did not
understand the law and he did not know that his action is a crime, secondly he
has to proof that he lacked mental state to commit a crime.
Example, A boy had sex with a girl aged 13. The boy who was 18 did not
understand the law that Its illegal to have sex with a minor who is below the age
of consent. In this case the defendant can prove that he did not conspire to
commit a crime.
These defenses are not applicable in strict liability cases. As there’s no actus reas
in these circumstances.