Mistake (criminal law)
Encyclopedia
A mistake of fact may sometimes offer exculpation (as an excuse
) by allowing a criminal defendant
some relief from liability
for having broken the law
. This is unlike a mistake of law
, which is not usually a defense
.
systems in developed states exclude mistake of law as a defense, because allowing defendants to invoke their own ignorance of the law would breach the public policy
represented by the Latin
maxim: ignorantia legis neminem excusat. But mistake of fact is sometimes allowed as valid defense because, although the defendant has committed the actus reus
of the offense, the defendant may honestly believe in a set of facts that would prevent him or her from forming the requisite mens rea
required to constitute the crime
.
For example: A defendant goes into a supermarket
and places eight items in a basket which is presented to the cashier for payment in the usual way. Both honestly believe that all eight items have been scanned, and the defendant pays the sum shown on the bill. A store detective, however, notices that a mistake was made by the cashier so that only seven items were actually priced. This detective arrests the defendant after leaving the store. Since the defendant honestly believes that he has become the owner of goods in a sale transaction, he cannot form the mens rea for theft
(which is usually dishonesty
) when he physically removes them from the store. Accordingly, he should be acquitted
.
However, in instances where mens rea is not a requirement for a crime, it will not matter if the mistake is honest or reasonable. This concerns strict liability crimes.
In Australian federal law, it is not a requirement for the defense that a mistake was reasonably held. However, the fact that a belief is unreasonable may be relevant in determining whether the belief was actually held by the person (Criminal Code (Cth) s 9.1).
The leading Supreme Court of Canada
case on the mistaken belief is R. v. Park
, in which it was held that even unreasonable beliefs must be left to a jury
to consider. The issue in most states is the extent to which the test of belief should be subjective or objective.
Excuse
In jurisprudence, an excuse or justification is a defense to criminal charges that is distinct from an exculpation. In this context, "to excuse" means to grant or obtain an exemption for a group of persons sharing a common characteristic from a potential liability. "To justify" as in justifiable...
) by allowing a criminal defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
some relief from liability
Strict liability
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
for having broken the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. This is unlike a mistake of law
Mistake of law
Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. In jurisdictions that use the term, it is typically differentiated from mistake of fact...
, which is not usually a defense
Defense (legal)
In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
.
Discussion
Most criminal lawCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
systems in developed states exclude mistake of law as a defense, because allowing defendants to invoke their own ignorance of the law would breach the public policy
Public policy (law)
In private international law, the public policy doctrine or ordre public concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change...
represented by the Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
maxim: ignorantia legis neminem excusat. But mistake of fact is sometimes allowed as valid defense because, although the defendant has committed the actus reus
Actus reus
Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions...
of the offense, the defendant may honestly believe in a set of facts that would prevent him or her from forming the requisite mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
required to constitute the crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
.
For example: A defendant goes into a supermarket
Supermarket
A supermarket, a form of grocery store, is a self-service store offering a wide variety of food and household merchandise, organized into departments...
and places eight items in a basket which is presented to the cashier for payment in the usual way. Both honestly believe that all eight items have been scanned, and the defendant pays the sum shown on the bill. A store detective, however, notices that a mistake was made by the cashier so that only seven items were actually priced. This detective arrests the defendant after leaving the store. Since the defendant honestly believes that he has become the owner of goods in a sale transaction, he cannot form the mens rea for theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
(which is usually dishonesty
Dishonesty
Dishonesty is a word which, in common usage, may be defined as the act or to act without honesty. It is used to describe a lack of probity, cheating, lying or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousness...
) when he physically removes them from the store. Accordingly, he should be acquitted
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
.
However, in instances where mens rea is not a requirement for a crime, it will not matter if the mistake is honest or reasonable. This concerns strict liability crimes.
Honestly held but unreasonable beliefs
In some jurisdictions, the defense of mistake is available only if the mistaken belief was honest AND reasonable. This is predominantly in the area of specific intent crimes where the defendant has to "knowingly" commit the act (murder, arson, receipt of stolen goods, etc.).In Australian federal law, it is not a requirement for the defense that a mistake was reasonably held. However, the fact that a belief is unreasonable may be relevant in determining whether the belief was actually held by the person (Criminal Code (Cth) s 9.1).
The leading Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
case on the mistaken belief is R. v. Park
R. v. Park
R. v. Park [1995] 2 S.C.R. 836, is a Supreme Court of Canada case dealing with the mistaken belief defence – i.e. that the accused had an honest but mistaken belief that he had consent to engage in sexual relations with the complainant – and the role of the Canadian Charter of Rights and Freedoms...
, in which it was held that even unreasonable beliefs must be left to a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
to consider. The issue in most states is the extent to which the test of belief should be subjective or objective.
See also
- BlunderBlunderA blunder is a particularly bad mistake. Specific instances include:* Blunder , a very poor move in chess* Hopetoun Blunder, an event in Australian history.* Brand blunder, in marketing.* Draft blunder, in American sports....
- ErrorErrorThe word error entails different meanings and usages relative to how it is conceptually applied. The concrete meaning of the Latin word "error" is "wandering" or "straying". Unlike an illusion, an error or a mistake can sometimes be dispelled through knowledge...
- Mistake (contract law)Mistake (contract law)In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defence, and if raised successfully can lead to the agreement in question being found void ab initio or voidable, or alternatively an equitable remedy may be provided by the courts...