Intoxicated Mistakes

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  • Created by: Bridie
  • Created on: 06-04-11 19:54

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

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