Mistake of fact - national proceedings

Samoa

International Criminal Court Act 2007, No.26

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

9. Defences to offences under sections 5, 6 or 7 -

(1) A person charged with an offence under section 5, 6 or 7 may rely on any defence, excuse or justification available to the person under the law of Samoa or under international law, including but not limited to the defences under Articles 31 and 32 of the Statute.

Rome Statute

Article 32 Mistake of fact or mistake of law

1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.