Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p4
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 4/31)
Character Range: 44915–47591

element that consists only of conduct, intention is the fault element for that physical element.
 (2) If the law creating the offence does not specify a fault element for a physical element that consists of a circumstance or a result, recklessness is the fault element for that physical element.
Note: Under subsection 5.4(4), recklessness can be established by proving intention, knowledge or recklessness.

Division 6—Cases where fault elements are not required

6.1  Strict liability
 (1) If a law that creates an offence provides that the offence is an offence of strict liability:
 (a) there are no fault elements for any of the physical elements of the offence; and
 (b) the defence of mistake of fact under section 9.2 is available.
 (2) If a law that creates an offence provides that strict liability applies to a particular physical element of the offence:
 (a) there are no fault elements for that physical element; and
 (b) the defence of mistake of fact under section 9.2 is available in relation to that physical element.
 (3) The existence of strict liability does not make any other defence unavailable.

6.2  Absolute liability
 (1) If a law that creates an offence provides that the offence is an offence of absolute liability:
 (a) there are no fault elements for any of the physical elements of the offence; and
 (b) the defence of mistake of fact under section 9.2 is unavailable.
 (2) If a law that creates an offence provides that absolute liability applies to a particular physical element of the offence:
 (a) there are no fault elements for that physical element; and
 (b) the defence of mistake of fact under section 9.2 is unavailable in relation to that physical element.
 (3) The existence of absolute liability does not make any other defence unavailable.

Part 2.3—Circumstances in which there is no criminal responsibility
Note: This Part sets out defences that are generally available. Defences that apply to a more limited class of offences are dealt with elsewhere in this Code and in other laws.

Division 7—Circumstances involving lack of capacity

7.1  Children under 10
  A child under 10 years old is not criminally responsible for an offence.

7.2  Children over 10 but under 14
 (1) A child aged 10 years or more but under 14 years old can only be criminally responsible for an offence if the child knows that his or her conduct is wrong.
 (2) The question whether a child knows that his or her conduct is wrong is one of fact. The burden of proving this is on the prosecution.

7.3  Mental impairment
 (1) A person is not criminally responsible for an offence if, at the time of carrying out the conduct constituting the offence, the