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  • Example: United States v. Ah Chong.: A. Requisites

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    Ina Villarica
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    Mistake of fact is a defense where the defendant commits an unlawful act under a mistaken belief of the circumstances, but would not have committed the act had the true facts been known. For mistake of fact to apply, the mistake must be reasonable and not due to the defendant's carelessness. In the example case, Ah Chong reasonably but mistakenly believed an intruder was trying to break into his room and killed the person in self-defense, so mistake of fact would apply to negate criminal liability.

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    sample case. topic: Mistake of Fact For Criminal Law 1

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    Mistake of Fact

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    Mistake of fact is a defense where the defendant commits an unlawful act under a mistaken belief of the circumstances, but would not have committed the act had the true facts been known. For mistake of fact to apply, the mistake must be reasonable and not due to the defendant's carelessness. In the example case, Ah Chong reasonably but mistakenly believed an intruder was trying to break into his room and killed the person in self-defense, so mistake of fact would apply to negate criminal liability.

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    15 views1 page

    Example: United States v. Ah Chong.: A. Requisites

    Uploaded by

    Ina Villarica
    Mistake of fact is a defense where the defendant commits an unlawful act under a mistaken belief of the circumstances, but would not have committed the act had the true facts been known. For mistake of fact to apply, the mistake must be reasonable and not due to the defendant's carelessness. In the example case, Ah Chong reasonably but mistakenly believed an intruder was trying to break into his room and killed the person in self-defense, so mistake of fact would apply to negate criminal liability.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Mistake of fact is a misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable.

    . that the act done would have been lawful had the facts been as the accused believed them to be; intention of the accused is lawful; mistake must be without fault of carelessness.

    a. Requisites:
    1. 2. 3.

    Example: United States v. Ah Chong. Ah Chong being afraid of bad elements, locked himself in his room by placing a chair against the door. After having gone to bed, he was awakened by somebody who was trying to open the door. He asked the identity of the person, but he did not receive a response. Fearing that this intruder was a robber, he leaped out of bed and said that he will kill the intruder should he attempt to enter. At that moment, the chair struck him. Believing that he was attacked, he seized a knife and fatally wounded the intruder. Mistake of fact would be relevant only when the felony would have been intentional or through dolo, but not when the felony is a result of culpa. When the felony is a product of culpa, do not discuss mistake of fact.

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