Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.2 - The elements of an offence  

Division 5 - Fault elements  

SECTION 5.5   5.5   Negligence  
A person is negligent with respect to a physical element of an offence if his or her conduct involves:


(a) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and


(b) such a high risk that the physical element exists or will exist;

that the conduct merits criminal punishment for the offence.




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