Division 5 Fault elements

Most Commonwealth offences require proof of one or more fault elements. Offences of strict or absolute liability, which do not require proof of fault, consist of physical elements alone.

The definition of intention in the Code combines elements of the ordinary, idiomatic meaning of the concept with a stipulated, technical meaning. When acts, omissions and states of affairs are in issue, intention bears its ordinary meaning.

The definition of knowledge in terms of awareness of what exists or will exist in future differs little, if at all, from its meaning in ordinary usage.

The Code is constructed on the assumption that the underlying principles of criminal justice require proof of conscious advertence to the physical elements of an offence before a finding of guilt can be made.

The definition of criminal negligence is a statutory paraphrase of a passage from the judgement of the Victorian Court of Criminal Appeal. Though the concept of negligence plays a role in the formulation of offences of unlawful homicide and injuries to the person, it has few other applications.

If the statute creating an offence makes no reference to fault when specifying a physical element of the offence, Chapter 2 requires the prosecution to prove intention or recklessness with respect to that physical element.