GA 16-3-5 - GA 16-3-5

General Consideration Honest belief that act was lawful is no defense unless knowledge is element of offense. - While a person may honestly believe a thing and yet not know it, an honest belief will not avail one who has committed an act in violation of a criminal statute, unless knowledge is made a part of the offense, so that scienter must be proved by state, and thus burden is on state to prove guilty knowledge. Tant v. State, 158 Ga. App. 624 , 281 S.E.2d 357 (1981). Defendant's belief did not constitute mistake of fact. - Defendant's belief that the victim was not in the trajectory of the bullet when the defendant intentionally fired the weapon at a third party does not constitute the type of mistake of fact that would serve as a defense to malice murder or other crimes. Allen v. Stat...