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Mistake


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DPP v Morgan [1975]
Mistake or ignorance of fact about an element of the actus reus will render D not guilty if it deprives him of the relevant mens rea for the offence
Tolson (1889)
A reasonable mistake as to the facts of the situation will in many cases be a defence if D would have been not guilty had the facts been as D supposed
Smith [1974]
Mistake as to the law is only relevant in civil cases where it prevents D having the mens era necessary for the crime
Prince [1874-80]
In strict liability, not even a reasonable mistake will negate liability
R v Beckford [1988]
If the defendant is labouring under a mistake of fact, he must be judged according to his mistaken view of the facts (Self-defence and necessity)
Hasan [2005]
If D believes he would have had a defence, should the facts have been how they believed them to be, the mistake must be reasonable (DURESS ONLY)