mistake of fact or law criminal layers brisbane

Mistake of Facts or Mistake of Law

Mistake of Facts or Mistake of Law

Criminal Code 1899 (Qld) s 24
Mistake of Fact

It was not easy for me to create an example to understand “mistake of fact” –

A person get on a train and sit next to another person who has a blue coloured umbrella. When the first person leaves the train, he took the umbrella of the other person. It will be a mistake of fact if
1. The first person thought it was his umbrella, AND
2. He actually owns an umbrella which is blue colour

So, what I understand is, in layman’s terms, to use s.24 as defence for stealing, one must need to prove that it was honest and reasonable, and to show that, one might have to prove that they actually owned a similar umbrella. 

AJ Faisal criminal lawyer Brisbane for corporate fraud or white collar fraud Charges

About AJ Faisal

Every case is unique, I possess a distinct talent for uncovering often-overlooked facts, an open mind that allows for creative problem-solving, and a strong ability to think outside the box. I empathize with individuals facing police charges, and I consider it my duty to secure the best possible outcome for the defendant.

I am A J Faisal and I have completed my law degree at the University of Southern Queensland. I am passionate about criminal defence and I gained valuable experience by working as a Law Clerk and shadowing Mr Mackenzie for more than 3 years. Ken is an accredited criminal defence lawyer with more than 23 years of experience in practice. I am a solicitor in the State of Queensland. Retain me for your criminal matter

These are blog posts and are not advice and please do not consider any of my blog posts as legal advice. These are merely to get basic and general ideas.

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