CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 5 — GENERAL ELEMENTS OF AN OFFENCE

Division 3 — Fault Elements of an Offence

Fault elements

18.— (1) A fault element for a particular physical element may be intention, knowledge, recklessness or negligence.

(2) Sub-section (1) does not prevent a law that creates a particular offence from specifying other fault elements for a physical element of that offence.

CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 5 — GENERAL ELEMENTS OF AN OFFENCE

Division 3 — Fault Elements of an Offence

Recklessness

21.—(1) A person is reckless with respect to a circumstance if—

(a) he or she is aware of a substantial risk that the circumstance exists or will exist ; and
(b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk.

(2) A person is reckless with respect to a result if—

(a) he or she is aware of a substantial risk that the result will occur ; and
(b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk.

(3) The question whether taking a risk is unjustifiable is one of fact.

(4) If recklessness is a fault element for a physical element of an offence, proof of intention, knowledge or recklessness will satisfy that fault element.

CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 5 — GENERAL ELEMENTS OF AN OFFENCE

Division 3 — Fault Elements of an Offence

Offences that do not specify fault elements

23. — (2) If the law creating the offence does not specify a fault element for a physical element that consists of a circumstance or a result, recklessness is the fault element for that physical element.

CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 8 — CORPORATE CRIMINAL RESPONSIBILITY

Fault elements other than negligence

53.— (1) If intention, knowledge or recklessness is a fault element in relation to a physical element of an offence, that fault element must be attributed to a body corporate that expressly, tacitly or impliedly authorised or permitted the commission of the offence.

(2) The means by which such an authorisation or permission may be established include—

(a) proving that the body corporate’s board of directors intentionally, knowingly or recklessly carried out the relevant conduct, or expressly, tacitly or impliedly authorised or permitted the commission of the offence ; or
(b) proving that a high managerial agent of the body corporate intentionally, knowingly or recklessly engaged in the relevant conduct, or expressly, tacitly or impliedly authorised or permitted the commission of the offence ; or
(c) proving that a corporate culture existed within the body corporate that directed, encouraged, tolerated or led to non compliance with the relevant provision ; or
(d) proving that the body corporate failed to create and maintain a corporate culture that required compliance with the relevant provision.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 2 — Genocide

Genocide by forcibly transferring children

81.— (1) A person (the perpetrator) commits an indictable offence if—

(f) the perpetrator knows that, or is reckless as to whether, the person or persons are under that age.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—deportation or forcible transfer of population

85.—(1) A person (the perpetrator) commits an indictable offence if—

(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish the lawfulness of the presence of the person or persons in the area ;

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—rape

88.— (2) A person (the perpetrator) commits an indictable offence if—

(b) the perpetrator knows of, or is reckless as to, the lack of consent ;

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—enforced prostitution

90.— (5) In sub-section (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person or persons are consenting to engaging in the act or acts of a sexual nature.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—sexual violence

93.— (5) In sub-section (1), being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any thought to whether or not the person or persons are consenting to engaging in the act or acts of a sexual nature.