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Division 4 Physical elements

Commonwealth Criminal Code: Guide for practitioners

With the exception of “conduct”, which is a portmanteau for “act”, “omission” and “state of affairs”, the physical elements of crime are not defined at all. The Model Criminal Code Officers Committee took a quite deliberate decision to avoid any attempt to define the meaning of “act”.16 Section 4.1, which sets out the physical elements of an offence, marks the interface between terms drawn from ordinary usage and technical legal terms which provide the analytic framework of Chapter 2.

  1. MCC - Ch 2: General Principles of Criminal Responsibility (1992) 9-13.

Division 4 Physical elements