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(2)
In this Decree—
“conduct” means an act, or an omission to perform an act or a state of affairs;
“engage in conduct” means—
(a)
(b)
16.—(1)
(2)
do an act; or
omit to perform an act.
Voluntariness
Conduct can only be a physical element if it is voluntary.
Conduct is only voluntary if it is a product of the will of the person whose conduct it is.
(3) The following are examples of conduct that is not voluntary—
(a)
(b)
(c)
a spasm, convulsion or other unwilled bodily movement;
an act performed during sleep or unconsciousness;
an act performed during impaired consciousness depriving the person of the will to act.
(4) An omission to perform an act is only voluntary if the act omitted is one which the person is capable of
performing.
(5) If the conduct constituting an offence consists only of a state of affairs, the state of affairs is only voluntary
if it is one over which the person is capable of exercising control.
(6)
Evidence of self induced intoxication cannot be considered in determining whether conduct is voluntary.
(7)
Intoxication is self induced unless it came about—
(a)
(b)
17.
involuntarily; or
as a result of fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or
force.
Omissions
An omission to perform an act can only be a physical element if—
(a)
(b)
the law creating the offence makes it so; or
the law creating the offence impliedly provides that the offence is committed by an omission to
perform an act that by law there is a duty to perform.
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.
Intention
19.—(1) A person has intention with respect to conduct if he or she means to engage in that conduct.
(2) A person has intention with respect to a circumstance if he or she believes that it exists or will exist.
(3) A person has intention with respect to a result if he or she means to bring it about or is aware that it will
occur in the ordinary course of events.
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.
Recklessness
21.—(1) A person is reckless with respect to a circumstance if—
(a)
he or she is aware of a substantial risk that the circumstance exists or will exist; and