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16.4 Result of Conduct

Commonwealth Criminal Code: Guide for practitioners

16.4 Result of conduct

A reference in this Part to a result of conduct constituting an offence is a reference to a result that is a physical element of the offence (within the meaning of subsection 4.1(1)).

Overview

This section makes it clear that, in this Part, a reference to a result of conduct is a reference to a result in the sense of a physical element of an offence as provided in ss4.1(1): 4.1 Physical elements. Therefore ‘result’ is not to be interpreted as meaning a consequence or effect following from or caused by an offence but not forming an element of the offence. The destruction of an aircraft is a result and an element of the offence of destroying an aircraft. However, a consequence of that offence in the form of collateral damage to other property or a loss to an insurance company would not be an element of the offence and hence could not provide a basis for geographical jurisdiction.