How does the defence of mistake apply to a strict liability offence?
Newfoundland and Labrador, Canada
The following excerpt is from R. v Crocker & Crocker, 2021 CanLII 1362 (NL PC):
Thus, for the defence of mistake to be to be applicable to a strict liability offence, the accused must establish that an honest but mistaken view of the facts led to the commission of the actus reus of the offence. The accused must establish that the mistake was based upon reasonable grounds and that all reasonable steps were taken to ascertain the correct facts or the true state of affairs (see Alberta v. Cox, 2017 ABCA 5, at paragraphs 76 to 82). This Case:
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