Act done by a person bound, or by mistake of fact believing himself bound, by law.
- Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. Illustrations. (a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence. Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which. Limit of solitary confinement. Enhanced punishment for certain offences after previous conviction. Act done by a person bound, or by mistake of fact believing himself bound, by law. Solitary confinement. (b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.