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(a) assault another by intentionally hitting the other with their body or an object; and
(b) the assault is not authorised or excused by law; and
(c) the other person dies as a result.
(2) If the accused is above 18 years and commits the offence whilst intoxicated, a higher penalty applies
Penalty:
(1) Imprisonment for 20 years
(2) Imprisonment for 25 years
s. 25B - This offence carries a minimum sentence of imprisonment for 8 years upon conviction.
Summary/Indictable/mixed:
Indictable
Jurisdiction:
District or Supreme Court
How committed:
Person A consumes enough alcohol to produce the required 0.15 reading, or more. Person A is with Person B on a date. Person C insults Person B. Person A is so incensed with the insult they punch Person C. Person C falls to the ground and strikes their head on the concrete and sustain a head injury that causes death.
Important note:
It is accepted the offence is committed if the person dies as a result of the strike, or from hitting an object or the ground as a result of the strike.
It is not necessary to prove the death was foreseeable.
It is a defence is the intoxication was not self-induced or if the accused had a significant cognitive impairment at the time of the assault.
The accused is conclusively presumed to be intoxicated if they return a blood alcohol reading of 0.15grams or more of alcohol per 210 litres of breath or 100 millilitres of blood.
This offence can be an alternative jury verdict to murder or manslaughter.