Page:Criminal Code Act 1995 (Australia Commonwealth).pdf/17

Criminal CodeNo 12, 1995 SCHEDULE—continued Division 10—Circumstances involving external factors Intervening conduct or event

10.1 A person is not criminally responsible for an offence that has a physical element to which absolute liability or strict liability applies if:
 * (a) the physical element is brought about by another person over whom the person has no control or by a non-human act or event over which the person has no control; and
 * (b) the person could not reasonably be expected to guard against the bringing about of that physical element.

Duress

10.2(1) A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence under duress.

(2) A person carries out conduct under duress if and only if he or she reasonably believes that:
 * (a) a threat has been made that will be carried out unless an offence is committed; and
 * (b) there is no reasonable way that the threat can be rendered ineffective; and
 * (c) the conduct is a reasonable response to the threat.

(3) This section does not apply if the threat is made by or on behalf of a person with whom the person under duress is voluntarily associating for the purpose of carrying out conduct of the kind actually carried out.

Sudden or extraordinary emergency

10.3(1) A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence in response to circumstances of sudden or extraordinary emergency.

(2) This section applies if and only if the person carrying out the conduct reasonably believes that:
 * (a) circumstances of sudden or extraordinary emergency exist; and
 * (b) committing the offence is the only reasonable way to deal with the emergency; and
 * (c) the conduct is a reasonable response to the emergency.

Self-defence

10.4(1) A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence in self-defence.