Tuesday, June 25, 2013

Mistake of fact and due diligence are different defences

R. v. Legrande 2013 ABCA 229 makes clear the distinction between mistake of fact and due diligence. 

For strict liability offences a reasonable belief in a mistaken set of facts that would render the act innocent is a defence.  Due diligence, that is taking all reasonable sets to avoid the wrongful act, is also a defence.

But they are different defences and combining the two in some "reasonableness" standard is an error of law.

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