Question: In what circumstances will a mistake relieve a defendant of criminal liability?
Answer: In certain circumstances a mistake may operate as valid defense against criminal liability because, although the defendant has committed the actus reus of the offense, the defendant may honestly believe in a set of facts that would prevent him or her from forming the requisite mens rea required to constitute the crime. However, in instances where mens rea is not a requirement for a crime, it does not matter if the mistake is honest or reasonable.......(short extract)
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Details: - Mark: 71% | Course: Criminal Law | Year: 2nd/3rd | Words: 2518 | References: No | Date written: April, 2009 | Date submitted: November 04, 2009 | Coursework ID: 584
