Criminal Law

8
Mistake, intoxication, self-defence

Mistake
Introduction
English right divides mistake in illegal law of nature into two parts: mistake of law and mistake of fact. The common hulk 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 complex than these propositions touch onlyow. A preliminary point is that if an accused because of a disease of the mind makes a mistake of law, he whitethorn have a defence of insanity. This defence is discussed in the abutting 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 personal 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 while he was on the high seas, and there was no way of ?nding out that a law had been enacted. The case has been taken to hold that impossibility is no defence. However, it may be that Bailey should be read 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 know what is criminal and what is not . . . cannot save him from conviction if what he does, 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: Orderessay



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