In search of a model code provision for murder in Australia

Article

Hemming, Andrew. 2010. "In search of a model code provision for murder in Australia." Criminal Law Journal. 34 (2), pp. 81-91.
Article Title

In search of a model code provision for murder in Australia

ERA Journal ID33234
Article CategoryArticle
Authors
AuthorHemming, Andrew
Journal TitleCriminal Law Journal
Journal Citation34 (2), pp. 81-91
Number of Pages11
Year2010
PublisherLawbook Co.
Place of PublicationSydney, Australia
ISSN0314-1160
Web Address (URL)http://www.westlaw.com.au/maf/wlau/app/document?endChunk=1&fromToc=true&startChunk=1&docguid=Ie14d994ccfee11e08eefa443f89988a0&tocDs=AUNZ_AU_JOURNALS_TOC&isTocNav=true&tocGuid=AUNZ_AU_JOURNALS_TOC%7C%7CIe14d990ecfee11e08eefa443f89988a0&srb=fulltext#undefi
Abstract

This article constitutes a search for a model code provision for murder using s 156 of the Criminal Code (NT) as the vehicle for analysis. The conclusion reached is that a broad definition of serious harm should be adopted and that recklessness should be included as a fault element in addition to intention. The 'substantially contributes' test for causation in s 149C of the Criminal Code (NT) is expanded to encompass common law tests and is designed to make it very difficult for the accused to break the chain of causation. Finally, it is recommended that constructive murder, which was removed from the Criminal Code (NT) in 2006, should be reintroduced with the trigger offence set at any crime punishable by imprisonment for 14 years or more.

Keywordsmodel codes; Criminal Code; murder; common law tests
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
440203. Courts and sentencing
480410. Legal theory, jurisprudence and legal interpretation
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Byline AffiliationsCharles Darwin University
Institution of OriginUniversity of Southern Queensland
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