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4 Cards in this Set
- Front
- Back
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R v Tolson
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nitially a defence would be allowed if the mistake was both honest and reasonably held:
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R v Lee
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A mistake as to law will not generally suffice, for the defence of mistake, since ignorance of the law is no excuse (Ignorantia juris non excusat)
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R v Smith
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Although a mistake of civil law may be sufficient to find the defence of mistake
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DPP v Morgan
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A mistake of fact will suffice provided the mistake was such as to prevent the defendant forming the mens rea of the offence. Whilst initially the mistake was required to be both honest and reasonably held that the mistake need only be honest. There was no requirement that it was a reasonable mistake for the defendant to make
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