Criminal Law

8 Mistake, intoxication, self- abnegation Mistake Introduction English indemnify divides mistake in illegal legality of nature into both parts: mistake of law and mistake of fact. The common hulk is that if the incriminate makes a mistake of law, he is guilty, whereas if he makes a mistake of fact, he is non. Unfortunately the law is more Byzantine than these propositions touch onlyow. A preliminary point is that if an charge because of a disease of the mind makes a mistake of law, he whitethorn have a defence of insanity. This defence is discussed in the close chapter. Mistake and ignorance of law In Esop (1836) 173 ER 203 the accused was convicted of an offensive under English law, buggery; under his individualized law no such offence existed. Accordingly, where the accused has the relevant actus reus and mens rea for the crime, he is guilty even though he did not fill in that the actus reus was forbidden by the criminal law. He was mistaken as to the rest rains of English law. Moreover, ignorance of the law is no defence: Bailey (1800) 168 ER 657. The accused was convicted of a crime which Parliament had created turn he was on the high seas, and there was no management of ?nding out that a law had been enacted. The case has been taken to thrust that impossibility is no defence. However, it may be that Bailey should be get hold of differently.

The case was referred to all the judges. They recommended a pardon. Since at that time a pardon was the sole way of reversing the ?rst instance decision, it may be that they disagreed with the proposition that ignorance of the law was no defence. Bai ley has nevertheless been treated as decidin! g that, and the rule has been accepted in, e.g., Carter v McLaren (1871) LR 2 Sc & D 120. The rule was deferd by the Court of Appeal in Lightfoot (1993) 97 Cr App R 24: . . . Knowledge of the law . . . is contradictory . . . The fact that a man does not be intimate what is criminal and what is not . . . cannot save him from conviction if what he does, conjugated with the state of his mind, satis?es all the elements...If you want to get a total essay, order it on our website: BestEssayCheap.com

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