Criminal Law

8 Mistake, intoxication, self- demurral Mistake Introduction English rightly divides mistake in illegal uprightness of nature into cardinal parts: mistake of law and mistake of fact. The common rise is that if the incriminate makes a mistake of law, he is guilty, whereas if he makes a mistake of fact, he is not. Unfortunately the law is more Gordian than these propositions touch onlyow. A preliminary point is that if an impeach because of a disease of the mind makes a mistake of law, he may have a defence of insanity. This defence is discussed in the attached 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 in the flesh(predicate) 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 restrains 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 magic spell he was on the high seas, and there was no route of ?nding out that a law had been enacted. The case has been taken to open that impossibility is no defence. However, it may be that Bailey should be con 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. Bailey has nevertheless been treated as deciding 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 drive in what is criminal and what is not . . . ca nnot save him from conviction if what he doe! s, coupled 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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