Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 1 IntroductoryChapter 5 Criminal responsibility[s 23](4) In this section—publish—(a) in relation to a statutory instrument that is subordinatelegislation—means notify in accordance with section 47(Notification) of the Statutory Instruments Act 1992;and(b) in relation to a statutory instrument that is notsubordinate legislation—means publish in the gazette.23 Intention—motive(1) Subject to the express provisions of this Code relating tonegligent acts and omissions, a person is not criminallyresponsible for—(a) an act or omission that occurs independently of theexercise of the person’s will; or(b) an event that—(i) the person does not intend or foresee as a possibleconsequence; and(ii) an ordinary person would not reasonably foresee asa possible consequence.Note—Parliament, in amending subsection (1)(b) by the Criminal Code andOther Legislation Amendment Act 2011, did not intend to change thecircumstances in which a person is criminally responsible.(1A) However, under subsection (1)(b), the person is not excusedfrom criminal responsibility for death or grievous bodily harmthat results to a victim because of a defect, weakness, orabnormality.(2) Unless the intention to cause a particular result is expresslydeclared to be an element of the offence constituted, in wholeor part, by an act or omission, the result intended to be causedby an act or omission is immaterial.Page 54 Current as at 1 December 2014