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

Intention

19.—(1) A person has intention with respect to conduct if he or she means to engage in that conduct.

(2) A person has intention with respect to a circumstance if he or she believes that it exists or will exist.

(3) A person has intention with respect to a result if he or she means to bring it about or is aware that it will occur in the ordinary course of events.

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. —(1) If the law creating the offence does not specify a fault element for a physical element that consists only of conduct, intention is the fault element for that physical element.

CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 7—EXTENSIONS OF CRIMINAL RESPONSIBILITY
(ATTEMPTS, COMPLICITY, INCITEMENT ETC.)

Complicity and common purpose

45.— (3) Subject to sub-section (6), for the person to be guilty, the person must have intended that—

(a) his or her conduct would aid, abet, counsel or procure the commission of any offence (including its fault elements) of the type the other person committed ; or
(b) his or her conduct would aid, abet, counsel or procure the commission of an offence and have been reckless about the commission of the offence (including its fault elements) that the other person in fact committed.

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.