New South Wales Consolidated Regulations
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ROAD RULES 2014 - REG 10-1
NSW rule: determination of criminal responsibility
10-1 NSW rule: determination of criminal responsibility
(1) Application of Commonwealth Criminal Code Subject to this rule, Chapter 2
of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of
the Commonwealth (the
"Commonwealth Criminal Code" ) applies to an offence against these Rules as if
the Chapter were in force as a law of New South Wales.
Note : Chapter 2 of the
Commonwealth Criminal Code codifies the general principles of criminal
(2) Offences are strict liability offences An offence against
these Rules is a strict liability offence for the purposes of Chapter 2 of the
Commonwealth Criminal Code (as applied by subrule (1)), except where these
Rules expressly provide otherwise.
(3) General defence of accident or
reasonable effort Without limiting any defence under Chapter 2 of the
Commonwealth Criminal Code (as applied by subrule (1)), a person is not liable
to a penalty for any offence under these Rules if the person proves to the
satisfaction of the court dealing with the case that the offence:
(a) was the
result of an accident, or
(b) could not have been avoided by any reasonable
efforts on the person's part.
(4) Operation of
Crimes (Sentencing Procedure) Act 1999 not affected Nothing in these Rules
affects the application of the Crimes (Sentencing Procedure) Act 1999 in
relation to these Rules (particularly, Divisions 4 and 5 of Part 2 of that
Note 1 : Divisions 4 and 5 of Part 2 of the Crimes
(Sentencing Procedure) Act 1999 contain provisions relating to how offence
provisions are to be interpreted. For instance, section 17 of that Act defines
the amount of a penalty unit. Similarly, section 18 of that Act sets out rules
for interpreting provisions in legislation that impose penalties.
Note 2 :
This rule is an additional NSW road rule. There is no corresponding rule in
the Australian Road Rules . However, it is intended that each Australian
jurisdiction that adopts the Australian Road Rules is to apply the provisions
of the Commonwealth Criminal Code to offences against the uniform rules.
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