Victorian Current Acts

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Exclusion of mistake of fact defence

    (1)     This section applies if a provision of this Part states that a person does not have the benefit of the mistake of fact defence for an offence.

    (2)     It is not a defence to a charge for the offence for the person to prove that, at or before the time of the conduct constituting the offence, the person was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence.

Pt 10 Div. 6 (Heading and ss 182–187) inserted by No. 110/2004 s. 41, repealed by No. 30/2013 s. 60(Sch. item 8.33).

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Division 7—Sentencing considerations for mass, dimension or load restraint breaches

S. 188 inserted by No. 110/2004 s. 41.

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