Page:Criminal Code Act 1995 (Australia Commonwealth).pdf/10

Criminal CodeNo 12, 1995 SCHEDULE—continued Knowledge

5.3 A person has knowledge of a circumstance or a result if he or she is aware that it exists or will exist in the ordinary course of events.

Recklessness

5.4(1) A person is reckless with respect to a circumstance if:
 * (a) he or she is aware of a substantial risk that the circumstance exists or will exist; and
 * (b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk.

(2) A person is reckless with respect to a result if:
 * (a) he or she is aware of a substantial risk that the result will occur; and
 * (b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk.

(3) The question whether taking a risk is unjustifiable is one of fact.

(4) If recklessness is a fault element for a physical element of an offence, proof of intention, knowledge or recklessness will satisfy that fault element.

Negligence

5.5 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.

Offences that do not specify fault elements

5.6(1) If the law creating the offence does not specify a fault element for a physical element of an offence 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 of an offence 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. Division 6—Cases where fault elements are not required Strict liability

6.1(1) If a law that creates an offence provides that the offence is an offence of strict liability: