Please mind the gap: an assessment of fatal 'one punch' provisions in Australia
Article
Article Title | Please mind the gap: an assessment of fatal 'one punch' provisions in Australia |
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ERA Journal ID | 33234 |
Article Category | Article |
Authors | |
Author | Hemming, Andrew |
Journal Title | Criminal Law Journal |
Journal Citation | 39 (3), pp. 130-147 |
Number of Pages | 18 |
Year | 2015 |
Publisher | Lawbook Co. |
Place of Publication | Sydney, Australia |
ISSN | 0314-1160 |
Web Address (URL) | http://sites.thomsonreuters.com.au/journals/2015/06/04/criminal-law-journal-update-june-2015/ |
Abstract | This article contends that the recent spate of one punch causing death provisions introduced in Australian jurisdictions, the majority of which create partial mens rea offences by making foresight of the result of the punch, strike or blow irrelevant, fills a 'gap' in the criminal law. This gap involves an assault which causes death but where the Crown cannot prove manslaughter. It further argues that s 161A of the Criminal Code 1983 (NT) provides a model template for one punch provisions because it is constructed under the physical and fault element formula set out in Ch 2 of the Criminal Code 1995 (Cth).The Northern Territory provision is favourably contrasted with the less clearly phrased equivalent s 281 of the Criminal Code 1913 (WA) and s 314A of the Criminal Code 1899 (Qld), necessitated by the need to circumvent the archaic s 23 and |
Keywords | one punch; fatal; gap; criminal law |
ANZSRC Field of Research 2020 | 489999. Other law and legal studies not elsewhere classified |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q3063/please-mind-the-gap-an-assessment-of-fatal-one-punch-provisions-in-australia
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