Page:Criminal Code Act 1995 (Australia Commonwealth).pdf/9

Criminal CodeNo 12, 1995 SCHEDULE—continued :(c) an act performed during impaired consciousness depriving the person of the will to act.

(4) An omission to perform an act is only voluntary if the act omitted is one which the person is capable of performing.

(5) If the conduct constituting an offence consists only of a state of affairs, the state of affairs is only voluntary if it is one over which the person is capable of exercising control.

(6) Evidence of self-induced intoxication cannot be considered in determining whether conduct is voluntary.

(7) Intoxication is self-induced unless it came about:
 * (a) involuntarily; or
 * (b) as a result of fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force.

Omissions

4.3 An omission to perform an act can only be a physical element if:
 * (a) the law creating the offence makes it so; or
 * (b) the law creating the offence impliedly provides that the offence is committed by an omission to perform an act that by law there is a duty to perform.

Division 5—Fault elements Fault elements

5.1(1) A fault element for a particular physical element may be intention, knowledge, recklessness or negligence.

(2) Subsection (1) does not prevent a law that creates a particular offence from specifying other fault elements for a physical element of that offence.

Example: The fault element for the offence of judicial corruption under section 32 of the Crimes Act 1914 is that the relevant conduct be carried out “corruptly”.

Intention

5.2(1) A person has intention with respect to conduct if he or she means to engage in that conduct.

(2) A person has intention with respect to a circumstance if he or she believes that it exists or will exist.

(3) A person has intention with respect to a result if he or she means to bring it about or is aware that it will occur in the ordinary course of events.