Page:Criminal Code Act 1995 (Australia Commonwealth).pdf/8

Criminal CodeNo 12, 1995 SCHEDULE—continued PART 2.2—THE ELEMENTS OF AN OFFENCE Division 3—General Elements

3.1(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.

Establishing guilt in respect of offences

3.2 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: See Part 2.6 on proof of criminal responsibility. Division 4—Physical elements Physical elements

4.1(1) A physical element of an offence may be:
 * (a) conduct; or
 * (b) a circumstance in which conduct occurs; or
 * (c) a result of conduct.

(2) In this Code:

“conduct” means an act, an omission to perform an act or a state of affairs.

Voluntariness

4.2(1) Conduct can only be a physical element if it is voluntary.

(2) Conduct is only voluntary if it is a product of the will of the person whose conduct it is.

(3) The following are examples of conduct that is not voluntary:
 * (a) a spasm, convulsion or other unwilled bodily movement;
 * (b) an act performed during sleep or unconsciousness;