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CRIMINAL CODE AMENDMENT (VIOLENT ACT CAUSING DEATH) BILL 2012

Serial 3
Criminal Code Amendment (Violent Act Causing Death) Bill 2012
Mr Elferink

A Bill for an Act to amend the Criminal Code to include an offence of a violent act causing death, and for related purposes

NORTHERN TERRITORY OF AUSTRALIA

CRIMINAL CODE AMENDMENT (VIOLENT ACT CAUSING DEATH) ACT 2012

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Act No. [ ] of 2012

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Table of provisions

161A Violent act causing death

NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2012

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An Act to amend the Criminal Code to include an offence of a violent act causing death, and for related purposes

[Assented to [ ] 2012]

[Second reading [ ] 2012]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
1 Short title

This Act may be cited as the Criminal Code Amendment (Violent Act Causing Death) Act 2012.

2 Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

Part 2 Amendment of Criminal Code
3 Criminal Code amended

This Part amends the Criminal Code.

4 Section 161A inserted

After section 161

insert

161A Violent act causing death

(1) A person (the defendant) is guilty of the crime of a violent act causing death if:

(a) the defendant engages in conduct involving a violent act to another person (the other person); and

(b) that conduct causes the death of:

(i) the other person; or

(ii) any other person.

Maximum penalty: Imprisonment for 16 years.

(2) Strict liability applies to subsection (1)(b).

(3) The defendant is criminally responsible for the crime even if the other person consented to the conduct mentioned in subsection (1)(a).

(4) However, the defendant is not criminally responsible for the crime if:

(a) the conduct involving the violent act is engaged in by the defendant:

(i) for the purpose of benefiting the other person; or

(ii) as part of a socially acceptable function or activity; and

(b) having regard to the purpose, function or activity mentioned in paragraph (a), the conduct was reasonable.

(5) In this section:

conduct involving a violent act means conduct involving the direct application of force of a violent nature to a person, whether or not an offensive weapon is used in the application of the force.

Examples of the application of force of a violent nature

A blow, hit, kick, punch or strike.

Part 3 Amendment of Sentencing Act
5 Act amended

This Part amends the Sentencing Act.

6 Schedule 2 amended

Schedule 2, item 1, after "160,"

insert

161A,

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