Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.4 - Harming Australians  

Division 115 - Harming Australians  

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.

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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