Brightbird
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Hi all, this is my first post. I found WS after following Jill Meagher's disappearance online. It's good to see a site discussing her story that hasn't dissolved into hatred. I live just a few kms from where Jill was taken and it really rocked me. I think it was just the absolute ordinariness of her night out, and that chilling CCTV footage that we've all seen. I've certainly walked home alone after a few drinks many times. I just can't imagine what her family is going through.
In response to an earlier post about whether defense could claim her death was 'accidental', Section 3A of the Victorian Crimes Act (with amendments as of April 1 2012), has a part 2 which reads:
Unintentional killing in the course or furtherance of a crime of violence
3A. Unintentional killing in the course or furtherance of a crime of violence
(1) A person who unintentionally causes the death of another person by an act
of violence done in the course or furtherance of a crime the necessary
elements of which include violence for which a person upon first conviction
may, under or by virtue of any enactment, be sentenced to level 1 imprisonment
(life) or to imprisonment for a term of 10 years or more shall be liable to be
convicted of murder as though he had killed that person intentionally.
(2) The rule of law known as the felony-murder rule (whereby a person who
unintentionally causes the death of another by an act of violence done in the
course or furtherance of a felony of violence is liable to be convicted of
murder as though he had killed that person intentionally) is hereby abrogated.
I'm no lawyer but this seems like the Act has been amended such that a manslaughter defense can be claimed if a death happens 'accidentally' in the course of a crime?
In response to an earlier post about whether defense could claim her death was 'accidental', Section 3A of the Victorian Crimes Act (with amendments as of April 1 2012), has a part 2 which reads:
Unintentional killing in the course or furtherance of a crime of violence
3A. Unintentional killing in the course or furtherance of a crime of violence
(1) A person who unintentionally causes the death of another person by an act
of violence done in the course or furtherance of a crime the necessary
elements of which include violence for which a person upon first conviction
may, under or by virtue of any enactment, be sentenced to level 1 imprisonment
(life) or to imprisonment for a term of 10 years or more shall be liable to be
convicted of murder as though he had killed that person intentionally.
(2) The rule of law known as the felony-murder rule (whereby a person who
unintentionally causes the death of another by an act of violence done in the
course or furtherance of a felony of violence is liable to be convicted of
murder as though he had killed that person intentionally) is hereby abrogated.
I'm no lawyer but this seems like the Act has been amended such that a manslaughter defense can be claimed if a death happens 'accidentally' in the course of a crime?
No it wouldn't. In Victoria there is an offence of murder when death occurs during the commission of an offence carrying penalty of 10 years or more. Rape carries a maximum penalty of 25 yrs. So wouldn't matter what intent was as to death or if she had died, say, from falling and hitting her head and not strangulation.
This is the relevant section-
Crimes Act 1958 - SECT 3A
3A. Unintentional killing in the course or furtherance of a crime of violence
(1) A person who unintentionally causes the death of another person by an act
of violence done in the course or furtherance of a crime the necessary
elements of which include violence for which a person upon first conviction
may, under or by virtue of any enactment, be sentenced to level 1 imprisonment (life) or to imprisonment for a term of 10 years or more shall be liable to be convicted of murder as though he had killed that person intentionally.
Crimes Act 1958 - SECT 38
Rape
38. Rape
(1) A person must not commit rape.
Penalty: Level 2 imprisonment (25 years maximum).
(section goes on to describe what constitutes offence, for the sake of delicacy no need to post it here)
http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/