Legislation Regarding Murder And Manslaughter

Year 10 Commerce: Law and Society

Section One

Legislation Regarding Murder and Manslaughter “Murder, as defined by s 18(1) (a) Crimes Act 1900, is made out where a voluntary act or omission of the accused causes the death of the deceased and the act is committed with:

1. An intent to inflict grievous bodily harm, or

2. An intent to kill, or

3. Reckless indifference to human life, or

4. Committed by the accused or some accomplice with him or her in an attempt to commit, or during or immediately after the commission of, an offence punishable by at least 25 years imprisonment (constructive murder).”

“Manslaughter is the unlawful killing of another human being. Although it is an offence of homicide, it is a less serious offence than murder because

The act of [the accused] was dangerous.”- Judicial Commission of New South Wales

Need for this law in the context of Australian society

Law is the system by which a society is regulated. It consists of rules with regard to behaviour, both at the time of action and the steps taken to rectify an unlawful action. Penalties vary depending on circumstances, certain factors and severity of the crime.

Murder and manslaughter is wrong in the context of Australian society because it is depriving someone of the one thing that nearly every human being holds sacred - their life. Since we are biologically evolved to value self-preservation and all of us want to live, it is mutually beneficial for a whole society to agree on outlawing murder to ensure one's own safety. It is an instinctual action for humans; to survive. It is necessary to outlaw murder otherwise society would fall into anarchy.

In Australian society, if there were no laws, then people could do anything they wished. Some individuals believe this is the right way to manage our society. A state of anarchy becomes problematic when society is unable to function because everyone operates according to their own desires. Imagine a world without law; you would be open to all manner of abuse and assault. The streets would be running rampant with theft, rape, murder, guns and

A dissatisfied party in either a civil or criminal case can seek an appeal, that is, a review of the court’s decision or the sentence imposed. ”- Queensland Courts, State of Queensland

The case of Allison Baden Clay was held in the Supreme Court of Brisbane and then the court of Appeal when Gerard Baden Clay’s lawyers successfully appealed to downgrade his murder charge to a manslaughter charge. The murder case was held in the Supreme Court of Brisbane because that’s where the most serious indictable offences are heard. As observed in the statement from Queensland Courts, an appeal of the verdict handed to Gerard Baden Clay could be sought. An appeal was sought to downgrade the murder charge to a manslaughter charge in the Court of Appeal and was successful.

Details of the Crime

A Supreme Court jury found Gerard Baden Clay guilty of murdering his wife Allison Baden Clay at their Brookfield home and disposing of her body under the Kholo Creek Bridge, more than 13 kilometres away. Baden-Clay, who had protested his innocence in the witness box, faces a non-parole period of 15