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

Knowledge

20. 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.

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 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Division 1 — Corruption and the Abuse of Office

Sub-Division g — Other Offences Relating to the Aministration of Justice

Conspiracy to defeat justice and interference with witnesses

190. A person commits a summary offence if he or she —

(d) obstructs or in any way interferes with or knowingly prevents the execution of any legal process (civil or criminal) ;