1041 (2) For the purposes of this Part, if a person sends, or causes to be sent, an electronic communication— (a) (b) from a point outside Fiji to a point in Fiji; from a point in Fiji to a point outside Fiji— the conduct is taken to have occurred partly in Fiji. (3) For the purposes of this section, “point” includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater, at sea or anywhere else. CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY PART 4 — PURPOSE AND APPLICATION Purpose 10.—(1) The purpose of this Chapter is to codify the general principles of criminal responsibility under laws of Fiji. (2) This Chapter contains all the general principles of criminal responsibility that apply to any offence, irrespective of how the offence is created. Application 11.—(1) This Chapter applies to all offences against this Decree. (2) All courts in criminal proceedings or trials shall apply the provisions of this Decree in relation to offences under other laws to the fullest extent possible. (3) Nothing in this Decree shall affect the validity of any proceeding taken in relation to any offence under any law that is not framed or expressed in accordance with the provisions of this Decree. 12.—(1) Application of provisions relating to intoxication Section 16(6) and (7) and Division 2 of Part 6 apply to all offences. (2) For the purpose of interpreting the provisions stated in sub-section (1) in connection with an offence, the other provisions of this Chapter may be considered, whether or not those other provisions apply to the offence concerned. PART 5 — GENERAL ELEMENTS OF AN OFFENCE Division 1 — General Elements 13.—(1) An offence consists of physical elements and fault elements. (2) However, the law that creates the offence may provide that there is no fault element for one or more physical elements. (3) The law that creates the offence may provide different fault elements for different physical elements. 14. Establishing guilt in respect of offences In order for a person to be found guilty of committing an offence the following must be proved (a) (b) the existence of such physical elements as are, under the law creating the offence, relevant to establishing guilt; in respect of each such physical element for which a fault element is required, one of the fault elements for the physical element. Division 2 — Physical Elements of an Offence Physical elements 15.—(1) A physical element of an offence may be— (a) (b) (c) conduct; or a result of conduct; or a circumstance in which conduct, or a result of conduct, occurs.

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