LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

CRIMINAL REFORM AMENDMENT BILL 2006
SERIAL NO. 61

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill proposes two amendments to the Criminal Code Amendment (Criminal Responsibility Reform) Act 2005.  The first amendment is to repeal the penalty provision that applies to the manslaughter offences created by the insertion of a new section 163 and then to repeal section 11.  In effect this simply reinstates the single penalty provision that applies to both voluntary and involuntary manslaughter.   No change to the actual penalty is made.  Secondly, the Bill replicates into the manslaughter provision the test of causal responsibility that is provided for by new section 174A.

The Bill will also amend the Criminal Code to reinstate the presumption of normality of mind so that the onus of proof of abnormality lies on the accused if the defence of diminished responsibility is raised.

NOTES ON CLAUSES

Clause 1.	Short Title.

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Criminal Reform Amendment Act 2006.

Clause 2.	

Provides that this part of the Bill amends the Criminal Code.

Clause 3.	

This clause amends the partial defence of diminished responsibility that reduces the crime of murder to manslaughter.  A new subsection is inserted to provide a presumption of normality of mind at any time when that comes into question.  The effect is to reinstate the presumption and the burden of proof on the accused in relation to abnormality of mind.  In a recent decision, the Supreme Court found that the repeal of section 6 of the Criminal Code as part of the reforms undertaken in respect of the creation of the defence of mental impairment in 2002 had the ancillary effect of changing the presumption in relation to diminished responsibility so that the Crown bore the onus of disproving diminished responsibility beyond a reasonable doubt.  This amendment returns the burden to the accused consistent with the situation in the three other jurisdictions in which the defence exists.

Clause 4

Provides that this part amends the Criminal Code Amendment (Criminal Responsibility Reform) Act 2005.

Clause 5

This clause repeals the penalty provision in the proposed s163 providing for offences of involuntary manslaughter which is not required because section 167 will be retained in order to provide the penalty for both voluntary and involuntary manslaughter.  It also states for the purposes of the involuntary manslaughter provision the test of causal responsibility.  A person’s conduct causes death if it substantially contributes to the death.

Clause 6

This clause repeals section 11 of the Criminal Code Amendment (Criminal Responsibility Reform) Act 2005 which sought to repeal existing section 167.  Section 167 is therefore retained providing the penalty of life imprisonment for both offences of voluntary and involuntary manslaughter.