Division 3 General
Commonwealth Criminal Code: Guide for practitioners
Division 3 General
3.1 Elements
All offences require proof of one or more physical elements. Most offences will require proof of a fault element – intention, knowledge, recklessness or negligence – with respect to one or more of their physical elements.
3.2 Establishing guilt in respect of offences
Section 3.2 states, in summary form, the presumption of innocence. A person is innocent of an offence until the elements of the offence are proved.