In criminal law, a mistake of fact refers to a situation where a person commits an act or engages in certain conduct based on a mistaken belief about certain facts. It means that the person genuinely believed certain facts to be true, but in reality, they were not.

A mistake of fact can be a defence in criminal law, depending on the specific circumstances and the nature of the offence. If the mistake is considered reasonable and negates the required mental element (mens rea) of the offence, it may serve as a defence and potentially result in the person being acquitted of the charges against them.

To use a mistake of fact as a defence, the person must demonstrate that their mistaken belief was honest, reasonable, and had a direct impact on their actions. It’s important to note that a mistake of fact defence is generally not applicable if the mistake arises from wilful ignorance or negligence.

However, it’s crucial to consult with a legal professional to determine the applicability and effectiveness of a mistake of fact defence in a specific case. At Collett Read LLP, our dedicated team of legal professionals understands the intricacies of criminal law and is here to provide you with personalised advice and robust representation.

If you’re facing criminal charges and believe a mistake of fact defence may apply to your case, contact us today for a free consultation.