mistake of fact

mistake of fact

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  • Mistake of a fact is a defence whereby a person did not have the necessary mens rea to commit a crime because the person honestly did not know that he or she was committing a crime.
  • Oh crud, I unknowingly sold him a bag of cocaine. :O
  • Hey, my name Jeff . I'm a sugar salesman. I sell sugar for living i have hundreds of bags of sugar in the store. they come in one pound bags, and I usually never open them when they're delivered before selling them to customers.
  • one of my sugar suppliers also happens to be a cocaine dealer and he accidentally put a bag of cocaine into a crate of sugar...
  • Hey, my name is Bob, I'm a regular customer of Jeff's.
  • In this situation, Jeff has made a reasonable mistake of fact. He reasonably thought he was selling Bob a bag of sugar when, in fact he sold him a bag of cocaine. since Jeff's mistake is of the nature so that he had no intention of selling drugs, Jeff cannot be convicted of a crime.
  • Although Bob has died overdosing on coke, Jeff continues to sell his sugar to earn his living.
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