Criminal Code Act 1995
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 to cause, or is reckless as to causing, the death of the Australian citizen or resident of Australia or any other person by the conduct; 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 a term of imprisonment (other than imprisonment for life) - a maximum penalty of imprisonment for a term of not more than that term; or
(b) otherwise - a maximum penalty of imprisonment for life.
(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 life.
(2)
Absolute liability applies to paragraphs (1)(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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