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CRIMINAL CODE 2002 - SECT 12 Establishing guilt of offences

CRIMINAL CODE 2002 - SECT 12

Establishing guilt of offences

    (1)     A person must not be found guilty of committing an offence unless the following is proved:

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

        (b)     for each of the physical elements for which a fault element is required—the fault element or 1 of the fault elements for the physical element.

Note 1     See pt 2.6 on proof of criminal responsibility.

Note 2     See pt 2.7 on geographical jurisdiction.

    (2)     However, unless the law creating the offence otherwise expressly provides, a person can be found guilty of committing the offence even though, when carrying out the conduct required for the offence, the person is mistaken about, or ignorant of, the existence or content of a law that creates the offence.

Note     Create , in relation to an offence, is defined in the dictionary.