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Criminal Law: Necessity Defences and Preliminary Offences

Mistake as a defence

  • 3 things to know
  • Components 2 and 3

Overview

A mistake of fact that negatives mens rea against a mistake of law that does not, and why an honest mistake is enough in self-defence after Gladstone Williams and Beckford.

What you need to know

Answer each one before you reveal it.

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Key term

How can a mistake of fact assist a defendant?

Key term

Is a mistake of law a defence?

Key term

Must a mistake be reasonable to negate mens rea?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    How can a mistake of fact assist a defendant?

    Model answer

    A mistake of fact may prevent the defendant from forming the mens rea of the offence. The defendant is then judged on the facts as they were believed to be.

  2. 2

    Is a mistake of law a defence?

    Model answer

    A mistake about the criminal law is no defence. Ignorance that conduct is prohibited does not excuse the defendant.

  3. 3

    Must a mistake be reasonable to negate mens rea?

    Model answer

    A mistake need only be genuine to negate mens rea. Unreasonableness is evidence that the mistake was not genuinely made.

  4. 4

    Which case established that an honest mistake suffices in self-defence?

    Model answer

    R v Williams (Gladstone) (1987) held that a defendant is judged on the facts as honestly believed. A man who intervened wrongly believing an assault was taking place could rely on the mistake.

  5. 5

    Which Privy Council decision confirmed the Gladstone Williams approach?

    Model answer

    Beckford v R [1988] confirmed that the belief need only be honest rather than reasonable. A police officer who mistakenly believed he was about to be shot could rely on self-defence.

  6. 6

    Which statutory provision now states the rule on mistaken belief in self-defence?

    Model answer

    Section 76(4) of the Criminal Justice and Immigration Act 2008 states the rule. The defendant is judged on the facts as genuinely believed, whether or not the belief was reasonable.

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