Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.3 - Circumstances in which there is no criminal responsibility  

Note:

This Part sets out defences that are generally available. Defences that apply to a more limited class of offences are dealt with elsewhere in this Code and in other laws.

Division 10 - Circumstances involving external factors  

SECTION 10.1   10.1   Intervening conduct or event  
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


(b) the person could not reasonably be expected to guard against the bringing about of that physical element.




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