“It is well established that a genuine but mistaken belief can be relied upon as a defence to a criminal charge such as false imprisonment where the Crown have to prove that the defendant’s conduct was unlawful. This principle is well illustrated by the case of R v Gladstone Williams [1984] 78 CAR 276 where the appellant was charged with assault occasioning actual bodily harm. He had assaulted a man in the street in defence of another whom he had mistakenly believed was being unlawfully assaulted… So what about defence of property?”
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