Criminal Law

8 Mistake, intoxication, self- demurrer Mistake Introduction English ripe(p) divides mistake in illegal practice of law of nature into both parts: mistake of law and mistake of fact. The common bulk large 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 compound than these propositions touch onlyow. A preliminary point is that if an incriminate 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 adjacent 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 germane(predicate) 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 mistak en 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 time he was on the high seas, and there was no modality of ?nding out that a law had been enacted. The case has been taken to suitcase that impossibility is no defence. However, it may be that Bailey should be depict 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 ign orance 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 hold out what is criminal and what is not . . . cannot save him from conviction if what he does, bring together 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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