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CRIMES ACT 1900 - SECT 25A
Assault causing death
25A Assault causing death
(1) A person is guilty of an offence under this subsection if-- (a) the person
assaults another person by intentionally hitting the other person with any
part of the person's body or with an object held by the person, and
(b) the
assault is not authorised or excused by law, and
(c) the assault causes the
death of the other person.
: Maximum penalty--Imprisonment for 20 years.
(2)
A person who is of or above the age of 18 years is guilty of an offence under
this subsection if the person commits an offence under subsection (1) when the
person is intoxicated. : Maximum penalty--Imprisonment for 25 years.
(3) For
the purposes of this section, an assault causes the death of a person whether
the person is killed as a result of the injuries received directly from the
assault or from hitting the ground or an object as a consequence of the
assault.
(4) In proceedings for an offence under subsection (1) or (2), it is
not necessary to prove that the death was reasonably foreseeable.
(5) It is a
defence in proceedings for an offence under subsection (2)-- (a) if the
intoxication of the accused was not self-induced (within the meaning of Part
11A), or
(b) if the accused had a significant cognitive impairment at the
time the offence was alleged to have been committed (not being a temporary
self-induced impairment).
(6) In proceedings for an offence under subsection
(2)-- (a) evidence may be given of the presence and concentration of any
alcohol, drug or other substance in the accused's breath, blood or urine at
the time of the alleged offence as determined by an analysis carried out in
accordance with Division 4 of Part 10 of the Law Enforcement (Powers and
Responsibilities) Act 2002 , and
(b) the accused is conclusively presumed to
be intoxicated by alcohol if the prosecution proves in accordance with an
analysis carried out in accordance with that Division that there was present
in the accused's breath or blood a concentration of 0.15 grams or more of
alcohol in 210 litres of breath or 100 millilitres of blood.
(7) If on the
trial of a person for murder or manslaughter the jury is not satisfied that
the offence is proven but is satisfied that the person has committed an
offence under subsection (1) or (2), the jury may acquit the person of murder
or manslaughter and find the person guilty of an offence under subsection (1)
or (2). The person is liable to punishment accordingly.
(8) If on the trial
of a person for an offence under subsection (2) the jury is not satisfied that
the offence is proven but is satisfied that the person has committed an
offence under subsection (1), the jury may acquit the person of the offence
under subsection (2) and find the person guilty of an offence under subsection
(1). The person is liable to punishment accordingly.
(9) Section 18 does not
apply to an offence under subsection (1) or (2).
(10) In this section,
"cognitive impairment" includes an intellectual disability, a developmental
disorder (including an autistic spectrum disorder), a neurological disorder,
dementia, a mental illness or a brain injury.
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