1CBirth

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 Criminal Code Act 1983 15 (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. Criminal Code Act 1983 16 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.