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Criminal Code Act 1983
161AViolent act causing death
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161A Violent act causing death
(1) A person (the defendant) is guilty of the offence of a violent act
causing death if:
(a) the defendant engages in conduct involving a violent act to
another person (the other person); and
Criminal Code Act 1983 139
(b) that conduct causes the death of:
(i) the other person; or
(ii) any other person.
Maximum penalty: Imprisonment for 16 years.
(2) Strict liability applies to subsection (1)(b).
(3) The defendant is criminally responsible for the offence even if the
other person consented to the conduct mentioned in
(4) However, the defendant is not criminally responsible for the offence
if:
(a) the conduct involving the violent act is engaged in by the
defendant:
(i) for the purpose of benefiting the other person; or
(ii) as part of a socially acceptable function or activity; and
(b) having regard to the purpose, function or activity mentioned in
paragraph (a), the conduct was reasonable.
conduct involving a violent act means conduct involving the
direct application of force of a violent nature to a person, whether or
not an offensive weapon is used in the application of the force.
Examples of the application of force of a violent nature
A blow, hit, kick, punch or strike.