This article is relevant to OCR A2 Units G153 and G154 (summer 2015); AQA A2 Unit 4 Law 03 and WJEC A2 Units 3 and 4.
The common law has always allowed defendants to raise their side of the argument when charged with an offence. That defendants are judged on the facts that they themselves were aware of, provided the facts were honestly held, seems a responsible route for the law to take. However, the law can, in certain circumstances, provide a defence and legitimise a defendant to carry out an act even where their actions involved a mistake of fact that was quite unreasonable. This is the general rule of mistake. Therefore, where the defendant denies the mens rea due to an honestly held belief, this can be a solid defence in law, and is true even if the mistake is unreasonable.
Your organisation does not have access to this article.
Sign up today to give your students the edge they need to achieve their best grades with subject expertise
Subscribe
