Copyright … Strode’s College Laws students are free to make use of this ‘Pdf Print files’ for study purposes (they should print them off and take them to class). Others should ask before copying or using these ‘ Pdf Print Files ’. Copyright of Dr Peter Jepson -

Mistake Generally, making a mistake about the law will not provide a defence - However, a mistake of fact that prevents the accused from forming the necessary mens rea could … Tolson [1889] Wife had believed her husband was dead and after 6 years re-married. He turned up 11 months later and she was prosecuted for bigamy Stephen J accepted that she both honestly and reasonably believed she was free to marry. 1

Silence in this Lecture Please turn off your mobile - Take notes Raise your hand if you have a question PRECIS NOTES WILL BE CHECKED No Food or Drink in this Classroom Please place any litter in the bin. 2

DPP v Morgan [1976] M (after drinking together) had invited RAF friends to have sex with his wife – stating if she protested she did not really mean this and was doing so to increase their pleasure. The men were all convicted of rape and tried to argue on appeal that they believed the woman had consented and that the judge had misdirected the jury that their belief had to be a reasonable one … 3

DPP v Morgan [1976] Their Lordships admitted there had been a misdirection. In cases where intention or recklessness has to be proved, an honest mistake, even one that is not reasonable, could provide a defence. Despite such, the convictions were not quashed because the judges held that the jury would not have believed such a story. 4

W (a minor) v Dolbey [1983] A 15 year-old defendant was able to rely upon the rational of DPP v Morgan when convicted of malicious wounding. He argued, on appeal, that he honestly believed that the air rifle had no pellets in it. See the comments on the case of B (a minor) v DPP [2000]. 5

Self-defence and Mistake Williams (Gladstone) [1987] From a ‘Criminal law Cases and Materials’ textbook produce a case note on Williams. In Beckford [1988] a policeman who shot a man who had been terrorising his family was able to use the defence of mistake because he had believed, wrongly as it transpired, that V was armed. 6

Booze and mistake Defence of mistake does not apply for mistakes that are made while in the state of voluntary intoxication. Rejected in Fotheringham [1988] where D thought he was having sex with his wife and it was the babysitter. Also rejected in O’Grady [1987] where because of intoxication D believed he was in danger and attacked and killed his friend. 7