Hank went to the grocery store, selected 10 items from the shelves, and then visited a cashier who began scanning the items. Assume that Hank was talking on his cell phone and failed to notice that the cashier missed an item
Assume further that on leaving the store, a security guard noticed that Hank was leaving with an item that he had not paid for. Hank was prosecuted for theft Was Hank's theft a mistake of fact or a mistake of law? Explain. Further, what is the likelihood conviction for Hank?
It seems that Hank made an honest mistake. We can safely assume he knew stealing was not acceptable, but he just failed to notice that the cashier missed something. Hank made a mistake of fact. He mistakenly left the store with an item he did not pay for. A mistake of fact is a misunderstanding or misinterpretation by the defendant about a relevant fact. Hank will most likely be acquitted because he did not form the requisite mens rea to support a criminal conviction. Mistake of fact can potentially used as a defense or to negate the mens rea requirement of a crime.
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