‘Fault Elements’ for Criminal Code Act 1995 Offences are defined in division 5 of the criminal code act 1995 (Cth) which explains that:
The definitions of intention, knowledge, recklessness and negligence for offences under the Act are as follows:
A person has knowledge of a circumstance or a result if he or she is aware that it exists or will exist in the ordinary course of events.
A person is reckless with respect to a circumstance if:
A person is reckless with respect to a result if:
The law makes clear that:
(i) The question as to whether taking the risk is unjustifiable is one of fact, and
(ii) Proof of intention, knowledge or recklessness will satisfy the fault element of recklessness.
A person is negligent with respect to a physical element of an offence if his or her conduct involves:
(A) A great falling short of the standard of care that a reasonable person would exercise in the circumstances, and
(B) such a high risk that the physical element exists or will exist that the conduct merits criminal punishment for the offence.
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