Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 38

    (1)     A person is not criminally responsible for an offence that has a physical element relating to property if—

        (a)     when carrying out the conduct required for the offence, the person is under a mistaken belief about a proprietary or possessory right; and

        (b)     the existence of the right would negate a fault element for any physical element of the offence.

    (2)     A person is not criminally responsible for any other offence arising necessarily out of the exercise of a proprietary or possessory right that the person mistakenly believes to exist.

    (3)     This section does not negate criminal responsibility for an offence relating to the use of force against a person.