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Section 22A — “Fault element” and “physical element”

As in force on 1 January 2020.

Timeline 2 versions
  1. 1 January 2020 Act 15 of 2019
  2. 17 August 2026 Latest
Inserted in force 1 January 2020 by Criminal Law Reform Act 2019
22A.“Fault element” and “physical element”

(1)A fault element of an offence refers to any state of mind, proof of which is needed to establish liability under that offence, including but not limited to intention, wilfulness, knowledge, rashness and negligence.

(2)A physical element of an offence refers to any fact, proof of which is needed to establish liability under that offence, and that is not a fault element of that offence.