2012
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
CRIMINAL CODE AMENDMENT (VIOLENT ACT CAUSING DEATH) BILL 2012
SERIAL NO. 3

EXPLANATORY STATEMENT

GENERAL OUTLINE
The purpose of the Bill is to insert the offence of violent act causing death into the Criminal Code.  This offence will not require the proof of intention, recklessness or negligence as to causing death.
The Sentencing Act will be amended to insert this offence into Schedule 2 to that Act. 
NOTES ON CLAUSES
Part 1       Preliminary Matters
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 Code Amendment (Violent Act Causing Death) Act 2012.
Clause 2.	Commencement
This Act will commence on a day fixed by the Administrator by Gazette notice.
Part 2.      Amendment of Criminal Code
Clause 3.	Criminal Code amended
This Part of the Bill will amend the Criminal Code.
Clause 4.	Section 161A inserted
Clause 4 inserts into the Criminal Code the offence of violent act causing death as section 161A.
Section 161A Violent act causing death
The offence will be made out if:
(a)	a person (the defendant) engaged in conduct involving a violent act to another person.  The default fault elements in section 43AM of the Criminal Code will apply so that the conduct must be intentional. 
‘Conduct involving a violent act’ is defined in new section 161A(5) as conduct involving the direct application of force of a violent nature whether or not an offensive weapon is used in the application of force.  Examples of the application of force of a violent nature are listed below section 161A(5) and include a blow, hit, kick, punch and strike; and
(b)	that conduct causes death.  Section 161A(1)(b) requires proof that the conduct in section 161A(1)(a) caused the death of the person against whom the conduct involving a violent act is directed to, or of any other person.  Subsection (2) states that the fault element for causing the death of the person or other person is strict liability. 
Section 161A(3) states that the defendant is criminally responsible for the crime even if the other person or deceased consented to the conduct involving the violent act which constituted the crime.
Finally, section 161A(4) states that a person will not be criminally responsible for this crime if that conduct is for the purpose of benefiting the other person or the deceased or is engaged pursuant to a socially acceptable purpose, function or activity.  In order for this excuse to be made out, however, the purpose, function or activity mentioned in subsection (4)(a) must have been reasonable.  This subsection makes it clear that conduct that occurs in the ordinary course of social interaction is not intended to be covered by this offence.
The maximum penalty is 16 years imprisonment for this offence.
Part 3.      Amendment of Sentencing Act.
Clause 5.	Part amended
This Part of the Bill will amend the Sentencing Act.
Clause 6.	Schedule 2 amended
The offence of violent act causing death in section 161A of the Criminal Code will be inserted into Schedule 2 of the Sentencing Act, thereby prescribing it as a ‘violent offence’ for the purposes of section 78BA(1)(b) of the Sentencing Act.