Australian Capital Territory Repealed Acts

This legislation has been repealed.

CRIMINAL CODE 2001 NO 64 (REPEALED) - SECT 10

    (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.

    (3)     The following are examples of conduct that is not voluntary:

        (a)     a spasm, convulsion or other unwilled bodily movement;

        (b)     an act performed during sleep or unconsciousness;

        (c)     an act performed during impaired consciousness depriving the person of the will to act.

    (4)     An omission to perform an act is voluntary only if the act omitted is an act that the person can perform.

    (5)     If the conduct constituting 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 can exercise control.

Note     The Crimes Act 1900 , part 11B deals with intoxication.