Title V. Penal Code
Chapter 3. Defences.
§ 300. Ignorance or Mistake.
1. Ignorance or mistake as to a matter of fact or law is a defence if the ignorance or mistake negates the intent, recklessness or negligence required to establish a material element of the crime; or the law provides that the state of mind established by such ignorance or mistake constitutes a defence.
2. A belief that conduct does not legally
constitute a crime is a defence to a prosecution for that crime based upon such conduct
when:
a.
the statute or other enactment defining the crime is not known to the
defendant and has not been published or otherwise reasonably made available prior to the
conduct alleged; or
b.
the defendant acts in reasonable reliance upon an official statement of
the law, afterward determined to be invalid or erroneous, contained in a statute or
judicial decision, opinion or judgement.
3. Justification as a defence is unavailable when the defendant's belief in the lawfulness of the justification or conduct against which he employs protective force or his belief in the lawfulness of an arrest that he endeavours to effect by force is erroneous; and his error is due to ignorance or mistake as to the law.
4. The defendant must prove a defence of ignorance or mistake by a preponderance of evidence.
5. The plaintiff must prove ignorance or mistake regarding a defence beyond a reasonable doubt.