Criminal Code 2002

This Act is the Criminal Code 2002.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘conduct—see section 13.’ means that the expression ‘conduct’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The only offences against territory laws are the offences created under this Act or any other Act.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

This section does not apply until the application date.

Subsection (2) and this subsection expire on the application date.

Chapter 2 General principles of criminal responsibility

Part 2.1 Purpose and application—ch 2

The purpose of this chapter is to codify general principles of criminal responsibility under territory laws.

It contains all the general principles of criminal responsibility that apply to any offence, irrespective of how the offence is created.

This chapter applies to all offences against this Act and all other offences against territory laws.

Despite section 7, the provisions of this chapter (other than the applied provisions) do not apply to a pre-2003 offence unless—

the offence is omitted and remade (with or without changes); or

an Act or subordinate law expressly provides for the provisions to apply to the offence.

To remove any doubt, a power to make subordinate laws for an Act includes power to make subordinate laws applying this chapter to, or displacing the application of subsection (1) to, offences against subordinate laws under that Act.

In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.

In this section:

omitted and remade—an offence is not omitted and remade if it is amended without being omitted and remade.

pre-2003 offence means an offence in force before 1 January 2003.

This section expires on the application date.

In this Act:

application date means a date declared by the Minister.

applied provisions means the following provisions of this chapter:

 section 15 (5) (which deals with evidence of self-induced intoxication)

 division 2.3.1 (Lack of capacity—children)

 division 2.3.2 (Lack of capacity—mental impairment)

 division 2.3.3 (Intoxication)

 part 2.4 (Extensions of criminal responsibility)

 part 2.5 (Corporate criminal responsibility)

 part 2.6 (Proof of criminal responsibility)

 part 2.7 (Geographical application).

Note Div 2.3.2 and s 66 (2) (d) became applied provisions on the commencement of the Criminal Code (Mental Impairment) Amendment Act 2006. Pt 2.5 became an applied provision on 9 April 2004. The other applied provisions have been applied provisions since the commencement of the Code on 1 January 2003.

A declaration under subsection (1) is a notifiable instrument.

This section expires on the application date.

Part 2.2 The elements of an offence

Division 2.2.1 General—pt 2.2

An offence consists of physical elements and fault elements.

However, the law that creates the offence may provide that there is no fault element for some or all of the physical elements.

The law that creates the offence may provide different fault elements for different physical elements.

A person must not be found guilty of committing an offence unless the following is proved:

the existence of the physical elements that are, under the law creating the offence, relevant to establishing guilt;

for each of the physical elements for which a fault element is required—the fault element or 1 of the fault elements for the physical element.

Note 1 See pt 2.6 on proof of criminal responsibility.

Note 2 See pt 2.7 on geographical jurisdiction.

However, unless the law creating the offence otherwise expressly provides, a person can be found guilty of committing the offence even though, when carrying out the conduct required for the offence, the person is mistaken about, or ignorant of, the existence or content of a law that creates the offence.

Note Create, in relation to an offence, is defined in the dictionary.

Division 2.2.2 Physical elements

In this Act:

conduct means an act, an omission to do an act or a state of affairs.

Note Section 363A (Definitions—pt 3.8A) affects the meaning of conduct.

engage in conduct means—

do an act; or

omit to do an act.

A physical element of an offence may be—

conduct; or

a result of conduct; or

a circumstance in which conduct, or a result of conduct, happens.