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Criminal Code Amendment (Alternative Offences to Wilful Murder) Bill 2005

Bill No.

091

Long Title

This purpose of this Bill is to amend the Criminal Code to provide for the return to the statutes of alternatives to wilful murder, allowing a jury to convict on an alternative offence if the prosecution is unable to prove that the accused intended to kill. Wilful murder requires a prosecution to prove that A intended to kill B under section 278. As the Criminal Code now stands a person charged with the most serious offence in our criminal code has to be acquitted if the jury cannot find that the act of murder was intentional. As the Criminal Code now stands if the jury is not satisfied that intent was proved they have to acquit as there is no alternative charge.

Private Members Bill introduced by Mr Matthew (Matt) John Birney

Status

Second reading not agreed to 10/12/2005

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Note No.