Saturday, 9 May 2015

The game of slaughter they play in Kings Cross

About this republication
The republished law
This is a republication of the Criminal Code 2002 (including any amendment made under the
Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 21 April 2015. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
21 April 2015.
36 Mistake of fact—strict liability
(1) A person is not criminally responsible for an offence that has a
physical element for which there is no fault element if—

(a) when carrying out the conduct making up the physical element,
the person considered whether or not facts existed, and was
under a mistaken but reasonable belief about the facts; and
(b) had the facts existed, the conduct would not have been an
offence.
(2) A person may be taken to have considered whether or not facts
existed when carrying out conduct if—
(a) the person had considered, on a previous occasion, whether the
facts existed in the circumstances surrounding that occasion;
and (b) the person honestly and reasonably believed that the
circumstances surrounding the present occasion were the same,
or substantially the same, as the circumstances surrounding the
previous occasion.
Note Section 24 (Absolute liability) prevents this section applying to offences
of absolute liability.
42 Self-defence
(1) A person is not criminally responsible for an offence if the person
carries out the conduct required for the offence in self-defence.

(2) A person carries out conduct in self-defence only if— (a) the person believes the conduct is necessary—
(i) to defend himself or herself or someone else; or
(ii) to prevent or end the unlawful imprisonment of himself or
herself or someone else; or
The Game of Slaughter they play in Kings Cross.

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