Criminal Code Act 1995
Schedule
-
The Criminal Code
SECTION 115.2
Manslaughter of an Australian citizen or a resident of Australia
(1)
A person commits an offence if:
(a) the person engages in conduct outside Australia (whether before or after 1 October 2002 or the commencement of this Code); and
(b) the conduct causes the death of another person; and
(c) the other person is an Australian citizen or a resident of Australia; and
(d) the first-mentioned person intends that the conduct will cause serious harm, or is reckless as to a risk that the conduct will cause serious harm, to the Australian citizen or resident of Australia or any other person; and
(e) if the conduct was engaged in before 1 October 2002 - at the time the conduct was engaged in, the conduct constituted an offence against a law of the foreign country, or the part of the foreign country, in which the conduct was engaged.
(1A)
If the conduct constituting an offence against subsection (1) was engaged in before 1 October 2002, the offence is punishable on conviction by:
(a) if, at the time the conduct was engaged in, the offence mentioned in paragraph (1)(e) was punishable on conviction by imprisonment for a term of less than 25 years - a maximum penalty of imprisonment for a term of not more than that term; or
(b) otherwise - a maximum penalty of imprisonment for a term of not more than 25 years.
(1B)
If the conduct constituting an offence against subsection (1) was engaged in on or after 1 October 2002, the offence is punishable on conviction by a maximum penalty of imprisonment for a term of not more than 25 years.
(2)
Absolute liability applies to paragraphs (1)(b), (c) and (e).
(3)
If:
(a) a person has been convicted or acquitted of an offence in respect of conduct under a law of a foreign country or a part of a foreign country; and
(b) the person engaged in the conduct before 1 October 2002;
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.4 - Harming Australians Division 115 - Harming Australians
View history note
Hide history noteA person commits an offence if:
(a) the person engages in conduct outside Australia (whether before or after 1 October 2002 or the commencement of this Code); and
(b) the conduct causes the death of another person; and
(c) the other person is an Australian citizen or a resident of Australia; and
(d) the first-mentioned person intends that the conduct will cause serious harm, or is reckless as to a risk that the conduct will cause serious harm, to the Australian citizen or resident of Australia or any other person; and
(e) if the conduct was engaged in before 1 October 2002 - at the time the conduct was engaged in, the conduct constituted an offence against a law of the foreign country, or the part of the foreign country, in which the conduct was engaged.
Note:
This section commenced on 1 October 2002.
(1A)
If the conduct constituting an offence against subsection (1) was engaged in before 1 October 2002, the offence is punishable on conviction by:
(a) if, at the time the conduct was engaged in, the offence mentioned in paragraph (1)(e) was punishable on conviction by imprisonment for a term of less than 25 years - a maximum penalty of imprisonment for a term of not more than that term; or
(b) otherwise - a maximum penalty of imprisonment for a term of not more than 25 years.
(1B)
If the conduct constituting an offence against subsection (1) was engaged in on or after 1 October 2002, the offence is punishable on conviction by a maximum penalty of imprisonment for a term of not more than 25 years.
(2)
Absolute liability applies to paragraphs (1)(b), (c) and (e).
(3)
If:
(a) a person has been convicted or acquitted of an offence in respect of conduct under a law of a foreign country or a part of a foreign country; and
(b) the person engaged in the conduct before 1 October 2002;
the person cannot be convicted of an offence against this section in respect of that conduct.
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