Criminal Law Code as at 1st March 2007 “strict liability crime” means a crime for the commission of which no mental element is required to be proved in order to establish liability for that crime. (2) Where in any enactment creating a crime⎯ (a) the word “corruptly”, “deliberately”, “dishonestly”, “fraudulently”, “indecently”, “intend”, “intentionally”, “maliciously”, “mischievously”, “purposely”, “wantonly” or “wilfully”, or phrase “with intent to” or “for the purpose of” or any related or derivative expression is used with respect to the commission by any person of the crime, section thirteen or (subject to subsection (3) of this section) section fifteen shall apply to the determination of the state of mind of the person accused of committing that crime; (b) the word “knowing”, “knowingly” or any related or derivative expression is used with respect to the commission by any person of the crime, section fourteen or (subject to subsection (3) of this section) section fifteen shall apply to the determination of the state of mind of the person accused of committing it; (c) the word “recklessly” or any related or derivative expression is used with respect to the commission by any person of the crime, section fifteen shall apply to the determination of the state of mind of the person accused of committing it; (d) the word “negligently”, “carelessly”, “unskilfully” or any related or derivative expression is used with respect to the commission by any person of the crime, section sixteen shall apply to the determination of the state of mind of the person accused of committing it. (3) The test for realisation of a real risk or possibility contained in section fifteen shall only apply to a crime referred to in paragraph (a) or (b) of subsection (2)⎯ (a) if proof of intention as required by section thirteen or proof of knowledge as required by section fourteen is absent; and (b) if the crime is of a kind described in paragraph (a) or (b) of subsection (4). (4) The kinds of crime to which the test for realisation of a real risk or possibility contained in section fifteen can be applied are the following⎯ (a) a crime that is constituted not only by the conduct of the person accused of committing it but also by a consequence or potential consequence resulting from the conduct, in which event the test is applicable for the purpose of determining whether the accused realised that there was a real risk or possibility that the consequence might ensue; or (b) a crime that is constituted not only by the conduct of the person accused of committing it but also by the existence or absence of any circumstance in which such conduct occurred, in which event the test is applicable for the purpose of determining whether the accused realised that there was a real risk or possibility that the circumstance existed or was absent. (5) Where in any enactment creating a crime no expression specifying a state of mind is used with respect to the commission of that crime, section thirteen or fourteen, as may be appropriate to the crime in question, and (subject to subsection (3) of this section) section fifteen shall apply to the determination of the state of mind of the person accused of that crime, unless⎯ (a) the enactment expressly provides that the crime is a strict liability crime; or - 23 -