Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 314A

314A Unlawful striking causing death

(1) A person who unlawfully strikes another person to the head or neck and causes the death of the other person is guilty of a crime.

Penalty—

Maximum penalty—life imprisonment.

(1A) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.

(1B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

(2) Sections 23 (1) (b) and 270 do not apply to an offence against subsection (1) .

(3) An assault is not an element of an offence against subsection (1) .

(3A) For subsection (1) , the striking of another person is unlawful unless it is authorised or justified or excused by law.

(4) A person is not criminally responsible for an offence against subsection (1) if the act of striking the other person is—

(a) done as part of a socially acceptable function or activity; and

(b) reasonable in the circumstances.

(5) If a court sentences a person to a term of imprisonment for an offence mentioned in subsection (1) , the court must make an order that the person must not be released from imprisonment until the person has served the lesser of—

(a) 80% of the person’s term of imprisonment for the offence; or

(b) 15 years.

(6) Subsection (5) does not apply if the court sentences the person to—

(a) a term of imprisonment for life; or

Example—

See the Corrective Services Act 2006 , section 181 for the parole eligibility date for a prisoner serving a term of imprisonment for life for an offence mentioned in subsection (1) .

(b) an indefinite sentence under the Penalties and Sentences Act 1992 ; or

Example—

See the Penalties and Sentences Act 1992 , section 171 for the time of the earliest review of an indefinite sentence being served by a prisoner serving an indefinite sentence for an offence mentioned in subsection (1) .

(c) a term of imprisonment and makes either of the following orders under the Penalties and Sentences Act 1992 for the person—

(i) an intensive correction order;

(ii) an order that the whole or a part of the term of imprisonment be suspended.

(7) In this section—

"causing" means causing directly or indirectly.

"function or activity" includes a sporting event.

"strike" , a person, means directly apply force to the person by punching or kicking, or by otherwise hitting using any part of the body, with or without the use of a dangerous or offensive weapon or instrument.