Mistakes Flashcards
S.8 CJA 1967
Inference of intent/foresight of a particular result based on an objective standard is no longer permitted.
Taafe
D’s mistaken belief that he is committing a crime is not mens rea for the criminal offence where the conduct is intrinsically lawful.
Graham/Hasan
D’s mistaken belief MUST be reasonable if it is in the existence of circumstances constituting legally adequate duress
Yaman
the subjective approach in Gladstone Williams is to be applied to self-defence
Armstrong-Braun
Normative standards are to be determined objectively and treated as separate from facts
Bailey
Ignorance of the law is no excuse.
Chambers
Raised the issue that ignorance SHOULD be germane where the law is not readily ascertainable (here even the counsel did not know the law had changed)