Northern Territory Consolidated Acts

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CRIMINAL CODE - SECT 43AM

Offences that do not provide fault elements

43AM. Offences that do not provide fault elements

(1) If a law that creates an offence does not provide a fault element for a physical element that consists only of conduct, intention is the fault element for the physical element.

(2) If a law that creates an offence does not provide a fault element for a physical element that consists of a result or circumstance, recklessness is the fault element for the physical element.

Note for subsection (2)

Under section 43AK(4), recklessness can be established by proving intention, knowledge or recklessness.

Subdivision 4 Cases where fault elements are not required



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