A corporation can be criminally liable for assault through the directing mind and will doctrine (but not through vicarious liability, as assault requires mens rea). Section 10(1) of the Criminal Procedure Act 1986 (NSW) means that, unless a contrary intention appears, offence-creating provisions of the Crimes Act 1900 (NSW) apply to bodies corporate. Intent to cause injury does not negate self-defence; self-defence is assessed only after the elements of the offence (including mens rea) are established. Under s 54 of the Civil Liability Act 2002 (NSW), the defendant bears the onus of proving s 54(1) matters, and the plaintiff bears the onus of proving s 54(2), except that where self-defence is raised, the defendant bears the onus of disproving it on the balance of probabilities.
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