Hank went to the grocery store, selected 10 items from the shelves, and then visited a cashier who began scanning the items. Assume that Hank was talking on his cell phone and failed to notice that the cashier missed an item. Assume further that on leaving the store, a security guard noticed that Hank was leaving with an item that he had not paid for. Hank was prosecuted for theft. Was Hank's theft a mistake of fact or a mistake of law? Explain. Further, what is the likelihood conviction for Hank?
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