Discover Japanese Language and Culture at UL
Immerse yourself in the fascinating world of Japanese language and culture at UL. Explore the rich contrasts of Japan, one of the world's largest economies. From the unique linguistic structure of Japanese to the vibrant Akihabara cityscape, this course offers a comprehensive journey into the heart of Japan. Delve into listening, speaking, reading, and writing practices while gaining insights into modern Japanese literature. Join Module JA4211 for an in-depth exploration of Japanese reading and literature led by renowned experts Akie Nagahashi, Kaori Frizelle, and Barbara Geraghty.
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Necessity defences of self defence, duress and duress of circumstances Mistake
Mistake To use mistake as a defence, the defendant must have made a mistake in the facts and not a mistake in the law: Ignorance of the law is no excuse. R v Reid (1993)
Mistake of Fact There are several points to note here for the defence to work: The mens rea of the offence must be made negative by the mistake. The defence can be used where the defendant s actions can be excused or justified in some way. A statute may also specifically provide for instances where the defendant has a lawful excuse .
Mistake The mistake must be reasonable: Tolson (1889) The defendant thought her husband was dead and married someone else! Her husband then returned and she was prosecuted for bigamy. She appealed and her conviction was quashed as her actions were considered to be natural and legitimate by the court and in no way immoral. The Court allowed the defence of mistake but did stress that the mistake had to be both reasonable and honest.
Mistake DPP v Morgan (1976) The Defendant was a senior officer in the RAF and told three of his junior officers to go to his house and have sex with his wife. He assured them that it would be fine, despite their concerns. They followed his orders despite the woman s severe protests which resulted in their prosecution. At their trial the judge told the jury that their belief in the wife s consent had to be reasonable. On appeal, the court said that the judge s direction was incorrect and that the belief only had to be genuine and not necessarily reasonable. (Their conviction was still upheld.)
Mistake Williams (Gladstone) (1987) Defendant had to have a genuine mistaken belief which may or may not be reasonable. Defendant witnessed what he thought was a fight and tried to intervene saying he was a police officer and trying to make an arrest. In fact one of the people involved had just mugged a woman and the other was trying to arrest him! The Defendant was prosecuted for assaulting the victim but the jury was told he could only use mistake if it was reasonable. On appeal the court said that the jury should have been told that if they believed it was a genuine mistake they should decide the case on this basis.
Mistake and intoxication Mistake cannot be used as a defence where the defendant is voluntarily intoxicated. O Grady (1987) Court held that intoxicated mistake as to how much force could be used in self defence did not provide a defence Fotheringham (1989)
