CRIMINAL CODE

PART I - General Provisions

TITLE II - Interpretation and General Explanations

The Standard Tests and the Keywords

6.-(1) The standard test of intention is-
Did the person whose conduct is in issue either intend to produce the result or have no substantial doubt that his conduct would produce it?

(2) The appropriate key words are-

(a) the verb "to intend" in any of its forms; and

(b) “intent”, “intention”, “intentional” and “intentionally”.

7.-(1) The standard test of knowledge is-

Did the person whose conduct is in issue know of the relevant circumstances or have no substantial doubt of their existence?

(2) The appropriate key words are-

(a) the verb "to know" in any of its forms;

(b) "knowledge" and "knowingly"; and

(c) any of the words mentioned in section 6 (2) above, if used so as to imply that the person whose conduct is in issue cannot intend to produce a particular result unless he knows some particular fact or facts.

CRIMINAL CODE

PART I - General Provisions

TITLE II - Interpretation and General Explanations

The Standard Tests and the Keywords


1. Whether the person 1. The fact that the result was a
charged with the offence natural and probable result
of such conduct.
(a) intended to produce a
particular result by his conduct;

(b) was reckless as to whether
his conduct would produce
a particular result;

(c) foresaw that his conduct
might produce a particular result.



2. Whether he knew a particular fact. 2. The presence of
circumstances leading to the
inference that a reasonable
man in his circumstances
would have known the fact
existed

3. Whether he was reckless as to 3. The presence of
whether particular circumstances circumstances leading to the
existed. inference that a reasonable
man in his situation
would have realised that the
circumstances might exist.

Article 30
Mental element
1. Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.
2. For the purposes of this article, a person has intent where:
(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.
3. For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.