Defence - Mistake Flashcards
1
Q
Define Mistake
A
D’s plea of mistake is either a denial of mens rea or he believed it would have been a different crime based on the facts
Honest and Reasonable
2
Q
Leading case of Mistake
A
DPP v Morgan [1776]
Mistaken belief in consent.
Reasonableness only credible on assertion the he made a mistake.
3
Q
What happened in the case of Tolson [1889]
A
Bigamy
Believed husband was dead
4
Q
Cases where judged on facts that D believed them to be
A
Williams (Gladstone)
Beckford
Honest mistake force necessary
