Practice question
In darkness a person honestly and without negligence mistakes an apparent armed attacker for an unlawful aggressor. The stipulated supposed facts would fully justify the defensive act, and all mistake-of-fact requirements are proved. Does the fact that the blow was physically deliberate alone defeat the defense?
- Yes, the supposed facts never matter
- Yes, every intentional movement excludes mistake of fact
- Yes, a mistaken defensive act is always murder
- No
- Yes, harm conclusively proves criminal intent
Legal references
- Revised Penal Code, Articles3-4 and49, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
- United States v. Ah Chong, GR L-5272, March19 1910, mistake-of-fact principles: https://lawphil.net/judjuris/juri1910/mar1910/gr_l-5272_1910.html
Answer this question in flashcards to review your response and continue practicing.