Going to Court? Book Your Free First Appointment

The Legal Defence of Honest and Reasonable Mistake of Fact in NSW

You are not criminally responsible for a strict liability offence in New South Wales if you establish on the balance of probabilities that you were honestly mistaken about a fact essential to proving the offence, and your belief was reasonable in the circumstances.

A strict liability offence is one where the prosecution does not need to prove a mental element, such as intent, recklessness or negligence.

The defence of honest and reasonable mistake does not excuse ignorance of the law, but relates to your understanding of the facts of your situation.

The test for whether your mistake was honest relates to your own belief at the time, while the test for whether it was reasonable assesses whether a reasonable person in your situation would have held the same belief.

What Our Clients Say SEE ALL

  • ★★★★★

    She managed to get both my charges dropped

    Was represented by Rachel Martin, and she managed to get both my charges dropped. Without…

  • ★★★★★

    High level of attention and responsiveness kept up the whole time he was working on my case

    Arvind Jador stepped in and took over my case and stayed really responsive to all…

  • ★★★★★

    Provided great advice and she achieved a great outcome for myself

    Ash provided great advice and she achieved a great outcome for myself.

  • ★★★★★

    Amazing from start to finish

    Having a family member in a horrible situation Sydney Criminal Lawyer were great and Jayden…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages


Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)