1046 (b) the existence of that mistaken belief or ignorance negates any fault element applying to that physical element. (2) In determining whether a person was under a mistaken belief about facts, or was ignorant of the facts, the court may consider whether the mistaken belief or ignorance was reasonable in the circumstances. Mistake of fact (strict liability) 35.—(1) A person is not criminally responsible for an offence that has a physical element for which there is no fault element if— (a) at or before the time of the conduct constituting the physical element, the person considered whether or not facts existed, and is under a mistaken but reasonable belief about those facts; and (b) had those facts existed, the conduct would not have constituted an offence. (2) A person may be regarded as having considered whether or not facts existed if— (a) he or she had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and (b) he or she honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion. Mistake or ignorance of statute law 36.—(1) A person can be criminally responsible for an offence even if, at the time of the conduct constituting the offence, he or she is mistaken about, or ignorant of, the existence or content of an Act or Decree that directly or indirectly creates the offence or directly or indirectly affects the scope or operation of the offence. (2) Sub-section (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if the Act expressly provides that a person who is not aware of the existence or content of the Act creating the offence is not to be liable for the offence. Mistake or ignorance of subordinate legislation 37.—(1) A person can be criminally responsible for an offence even if, at the time of the conduct constituting the offence, he or she is mistaken about, or ignorant of, the existence or content of the subordinate legislation that directly or indirectly creates the offence or directly or indirectly affects the scope or operation of the offence. (2) Sub-section (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if the subordinate legislation expressly provides that a person who is not aware of the existence or content of the subordinate legislation creating the offence is not to be liable for the offence. (3) In this section “subordinate legislation” means an instrument of a legislative character made directly or indirectly under an Act, or in force directly or indirectly under an Act. Claim of right if— 38.—(1) A person is not criminally responsible for an offence that has a physical element relating to property (a) (b) at the time of the conduct constituting the offence, the person is under a mistaken belief about a proprietary or possessory right; and the existence of that right would negate a fault element for any physical element of the offence. (2) A person is not criminally responsible for any other offence arising necessarily out of the exercise of the proprietary or possessory right that he or she mistakenly believes to exist. (3) This section does not negate criminal responsibility for an offence relating to the use of force against a person. Division 4 — Circumstances involving external factors Intervening conduct or event 39. A person is not criminally responsible for an offence that has a physical element to which absolute liability or strict liability applies if— (a) the physical element is brought about by another person over whom the person has no control or by a non human act or event over which the person has no control; and