In search of a model code provision for murder in Australia

Hemming, Andrew (2010) In search of a model code provision for murder in Australia. Criminal Law Journal, 34 (2). pp. 81-91. ISSN 0314-1160


This article constitutes a search for a model code provision for murder using s 156 of the Criminal Code (NT) as the vehicle for analysis. The conclusion reached is that a broad definition of serious harm should be adopted and that recklessness should be included as a fault element in addition to intention. The 'substantially contributes' test for causation in s 149C of the Criminal Code (NT) is expanded to encompass common law tests and is designed to make it very difficult for the accused to break the chain of causation. Finally, it is recommended that constructive murder, which was removed from the Criminal Code (NT) in 2006, should be reintroduced with the trigger offence set at any crime punishable by imprisonment for 14 years or more.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to published version due to publisher copyright policy.
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 18 Mar 2011 01:58
Last Modified: 16 Feb 2015 05:39
Uncontrolled Keywords: model codes; Criminal Code; murder; common law tests
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
16 Studies in Human Society > 1602 Criminology > 160203 Courts and Sentencing
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940407 Legislation, Civil and Criminal Codes

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