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 5.6   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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