A deliberately enters another person’s house to steal, intending an unlawful entry to steal, but enters…
Sections 14 and 17 protect a person who, by a mistake of fact in good faith, believes himself bound or justified by law in doing the act. A person who sets out to enter and…
Choose your answer
A deliberately enters another person’s house to steal, intending an unlawful entry to steal, but enters House 5 after mistaking its number for House 6. Does that numbering mistake alone provide the BNS mistake-of-fact exception?
Answer and explanation
Correct answer B
Sections 14 and 17 protect a person who, by a mistake of fact in good faith, believes himself bound or justified by law in doing the act. A person who sets out to enter and steal has no such belief whichever house he enters, so the wrong number does not help him, although a mistake of fact can be a defence where those conditions are met.
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