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What is an honest and reasonable mistake of fact?

  • Making an honest and reasonable mistake is a complete defence to many fraud and deception offences.
  • If an accused person honestly believed on reasonable grounds that they were entitled to the property or the financial advantage then there is no deception. If there is no deception the offence is not made out.
  • There is a difference between an honest and reasonable mistake and recklessness. If the accused person knew that what they were saying was probably false or did not care or bother to check whether it was false or not then they will be guilty of a fraud offence.

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