s 43AM
In forceOffences that do not provide fault elements
Schedule ICriminal Code of the Northern Territory of Australia
Part IIAACriminal responsibility for Schedule 1 offences and declared offences
Division 2Elements of offence
Subdivision 3Fault elements
43AM Offences that do not provide fault elements
(1)
If a law that creates an offence does not provide a fault element for a physical element that consists only of conduct, intention is the fault element for the physical element.
(2)
If a law that creates an offence does not provide a fault element for a physical element that consists of a result or circumstance, recklessness is the fault element for the physical element.
Note for subsection (2)
Under section 43AK(4), recklessness can be established by proving intention, knowledge or recklessness.
Subdivision 4 Cases where fault elements are not required
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