‘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.
Salam Shammu represented me with a serious driving offence as a p plate driver. He…
Would highly recommend Salam Shammu. He was thorough in his approach to the case and…
Very professional, friendly and approachable. Tuan made me feel very comfortable from start to finish.
I was falsely accused of child assault. Tuan helped me through out the difficult process,…