Criminal Code Act 1995 (Australia)

Chapter 2—General principles of criminal responsibility

Part 2.1—Purpose and application

Division 2  

2.1  Purpose

                   The purpose of this Chapter is to codify the general principles of criminal responsibility under laws of the Commonwealth.  It contains all the general principles of criminal responsibility that apply to any offence, irrespective of how the offence is created.

Part 2.2—The elements of an offence

Division 3—General

3.1  Elements

             (1)  An offence consists of physical elements and fault elements.

             (2)  However, the law that creates the offence may provide that there is no fault element for one or more physical elements.

             (3)  The law that creates the offence may provide different fault elements for different physical elements.

3.2  Establishing guilt in respect of offences

                   In order for a person to be found guilty of committing an offence the following must be proved:

                     (a)  the existence of such physical elements as are, under the law creating the offence, relevant to establishing guilt;

                     (b)  in respect of each such physical element for which a fault element is required, one of the fault elements for the physical element.

Note 1:       See Part 2.6 on proof of criminal responsibility.

Note 2:       See Part 2.7 on geographical jurisdiction.

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