What is the situation where D makes a mistake because he was drunk or on drugs?
THE DEFENCE OF "MISTAKE"
- Mistake is usally a defence in criminal law.
- This mistake must be about "fact", not about "law".
- A mistake about the law is not a defence e.g. If i kill someone and I honestly believe that killing someone is not illegal I have no defence. As the saying goes "ignorance of the law is no defence"
- Mistake itself is not on the syllabus, but intoxicated mistakes and mistakes relating to self defence are
THERE ARE TWO SITUATIONS WHERE MISTAKE IS ACCEPTED AS A DEFENCE
- An honest mistake about…