Criminal Code Act 1995
Schedule
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The Criminal Code
If the law creating the offence does not specify a fault element for a physical element that consists only of conduct, intention is the fault element for that physical element.
(2)
If the law creating the offence does not specify a fault element for a physical element that consists of a circumstance or a result, recklessness is the fault element for that physical element.
Section 3
CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY Part 2.2 - The elements of an offence Division 5 - Fault elements SECTION 5.6 Offences that do not specify fault elements (1)If the law creating the offence does not specify a fault element for a physical element that consists only of conduct, intention is the fault element for that physical element.
(2)
If the law creating the offence does not specify a fault element for a physical element that consists of a circumstance or a result, recklessness is the fault element for that physical element.
Note:
Under subsection 5.4(4) , recklessness can be established by proving intention, knowledge or recklessness.
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