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... had they indeed been mistaken, then they would have been acquitted. II. Offences not requiring subjective fault A. Inadvertence and mistake 1. Inadvertence It is clear that inadvertence is a defence to an offence requiring at least subjective recklessness. 2. Mistake The situation is a little confused but it is probable that a genuine mistake is a defence to objective Caldwell recklessness only if the accused has totally ruled out the risk of the relevant consequence occurring. B. Negligence 1. Inadvertence It is clear that inadvertence is no defence in that not thinking or realising a risk of death is negligence when a reasonable man would have thought or realised a risk of death. 2. Mistake Equally clearly, mistake can be a defence to crimes of negligence subject to the important qualification that the mistake must be a reasonable one since an unreasonable mistake is ...