Elements to be proven by the crown
Relevant section of the criminal code
Sect. 302 & 305
Lack of intent
Two types of Manslaughter:
Unlawful conduct or a dangerous act
Duty of care
High risk of very serious injury
25 years- life
1. The accused did grievous bodily harm to the complainant; and
2. That the doing of the grievous bodily harm was unlawful.
According to QLD Law for the charge of Grievous Bodily Harm, The Maximum penalty for the offence of Grievous Bodily Harm is 14 years imprisonment.
1. Lack of will
3. Compulsion or emergency (also known as duress or necessity)
6. Self-defence provided a reasonable person felt they were subjected to force which could cause death or grievous bodily harm.
1. The accused inflicted severe pain or suffering in the complainant. To inflict pain and suffering is to cause it to be felt. The pain or suffering may be physical, mental, psychological or emotional and it may be temporary or permanent. Pain and suffering is subjective. One person may experience greater pain and suffering from the same pain invoking factor than another person.
2. The accused inflicted the pain and suffering intentionally. That is, that the accused intended his or her act(s) to inflict severe pain or suffering on the complainant. It is not enough that such suffering is the consequence of the accused's act(s) and that the acts were deliberate. The prosecution must prove an actual, subjective, intention on the part of the accused to cause severe pain or suffering by his/her conduct.
The Maximum penalty for the...
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