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Queensland’s Criminal Code

To substantiate a murder charge, the greatest thing the Prosecution must prove, is intent to kill or do grievous bodily harm of such an extent that the person would die from their injuries if not treated. There are a number of defences available to the accused such as accident, self-defence, provocation, sudden or extraordinary emergency, insanity and diminished responsibility.

The Prosecutor is the best person to explain these terms to you, and to give you an idea of whether the Defence may attempt to call upon a particular strategy.

Below are links to the relevant Criminal Code Acts

23 Intention – Motive

24 Mistake of Fact

25 Extraordinary Emergencies

26 Presumption of Sanity

27 Insanity

269 Defence of provocation

300 Unlawful Homicide

302 Definition of Murder

303 Definition of Manslaughter

304 Killing on Provocation

304A Diminished Responsibility

304B Killing in an Abusive Domestic Relationship

310 Punishment of Manslaughter

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