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Criminal Code Act 1983
1CBirth
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1C Birth
(1) A person's birth occurs at the time the person is fully removed from
the mother's body and has an independent existence from the
mother.
(2) The following are relevant, but not determinative, as to whether a
person has been born:
(a) the person is breathing;
(b) the person's organs are functioning of their own accord;
(c) the person has an independent circulation of blood.
2 Commission of offence
For the purposes of this Part, an offence is committed when a
person who possesses any mental element that may be prescribed
with respect to that offence does, makes or causes the act,
omission or event, or the series or combination of the same,
constituting the offence in circumstances where the act, omission or
event, or each of them, if there is more than one, is not authorized
or justified.
3 Classification of offence
(1) Every offence is either an indictable offence or a summary offence.
(2) An offence is an indictable offence if:
(a) an Act states that the offence is an indictable offence; or
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(b) subject to subsection (3)(a), the penalty that may be imposed
on an individual for the offence includes imprisonment for a
period of more than 2 years.
(3) An offence is a summary offence if:
(a) an Act states that:
(i) the offence is a summary offence; or
(ii) the offence is not an indictable offence; or
(iii) a charge of the offence must be heard and determined
summarily; or
(b) the offence is not an indictable offence.
4 Attempts to commit offences
(1) When a person, intending to commit an offence, begins to put his
intention into execution by means adapted to its fulfilment and
manifests his intention by some overt act, but does not fulfil his
intention to such an extent as to commit the offence, he is said to
attempt to commit the offence.
(2) It is immaterial, except so far as regards punishment, whether the
offender does all that is necessary on his part for completing the
commission of the offence, or whether the complete fulfilment of his
intention is prevented by circumstances independent of his will, or
whether he desists of his own motion from the further prosecution
of his intention.
(3) It is immaterial that, by reason of circumstances not known to the
offender, it is impossible in fact to commit the offence.
(4) The same facts may constitute one offence and an attempt to
commit another offence.
5 Innocence
Every accused person is presumed to be innocent until the contrary
is proved.
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7 Intoxication
(1) In all cases where intoxication may be regarded for the purposes of
determining whether a person is guilty or not guilty of an offence:
(a) it shall be presumed that, until the contrary is proved, the
intoxication was voluntary; and
(b) unless the intoxication was involuntary, it shall be presumed
evidentially that the accused person foresaw the natural and
probable consequences of his conduct.
(2) It is hereby declared that the amendment effected by subsection (1)
applies to and in relation to all proceedings before a court in respect
of an offence committed on or after 1 January 1984, in which the
question of guilt has not been determined before that court before
the commencement of this Act, as if the amendment came into
operation on 1 January 1984.
8 Offences committed in prosecution of common purpose
(1) When 2 or more persons form a common intention to prosecute an
unlawful purpose in conjunction with one another and in the
prosecution of such purpose an offence is committed by one or
some of them, the other or each of the others is presumed to have
aided or procured the perpetrator or perpetrators of the offence to
commit the offence unless he proves he did not foresee the
commission of that offence was a possible consequence of
prosecuting that unlawful purpose.
(2) Two or more persons form a common intention to prosecute an
unlawful purpose in conjunction with one another when they agree
to engage in or concur in engaging in any conduct that, if engaged
in, would involve them or some or one of them in the commission of
an offence or a tort.