Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 23

23 Intention--motive

(1) Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for--

(a) an act or omission that occurs independently of the exercise of the person's will; or
(b) an event that occurs by accident.

(1A) However, under subsection (1)(b), the person is not excused from criminal responsibility for death or grievous bodily harm that results to a victim because of a defect, weakness, or abnormality even though the offender does not intend or foresee or can not reasonably foresee the death or grievous bodily harm.

(2) Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial.

(3) Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility.



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