38Claim of right

38 Claim of right physical element relating to property if— (a) when carrying out the conduct required for the offence, the person is under a mistaken belief about a proprietary or possessory right; and (b) the existence of the 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 a proprietary or possessory right that the person mistakenly believes to exist.

(3) This section does not negate criminal responsibility for an offence relating to the use of force against a person.