Practice question · Multiple choice
Why does a mistake about a fact belonging to the type destroy the intentional offence, while a mistake about the prohibition leaves the offence standing with a reduced penalty?
Hints
- Ask which floor of the building each mistake is standing on.
- One mistake means the person did not know what they were doing; the other means they knew and thought it allowed.
Show the answer
C. Type intent is negated by factual mistake, but prohibition mistakes merely lessen reproach
Why
Because the two mistakes attack different stages. A mistake of type means the person did not know a fact that makes the conduct fit the offence, so intent, which sits in the type, is gone and only negligence remains. A mistake of prohibition leaves intent untouched and diminishes the reproach at the culpability stage instead.
Practise The Subjective Side: Intent and Mistake
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