15Voluntariness

15 Voluntariness (1) Conduct can only be a physical element if it is voluntary. (2) Conduct is voluntary only if it is a product of the will of the person whose conduct it is. Examples of conduct that is not voluntary 1 a spasm, convulsion or other unwilled bodily movement 2 an act done during sleep or unconsciousness 3 an act done during impaired consciousness depriving the person of the will to act (3) An omission to do an act is voluntary only if the act omitted is an act that the person can do.

Fault elements Division 2.2.3 (4) If the conduct required for an offence consists only of a state of affairs, the state of affairs is voluntary only if it is a state of affairs over which the person is capable of exercising control. (5) Evidence of self-induced intoxication cannot be considered in deciding whether conduct is voluntary. Note For when intoxication is self-induced, see s 30.