The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

100 SS. 303-308 CRIMINAL CODE
383. ~efi~~on of er. A person who unlawfully kills another
under such circumstances as not to constitute murder is guilty off
manslaughter.
As amended by Act of 1971, No. 41, s. 7.
ro~~~tio~, When a person who unlawfully kills another
under Circumstances which, but for the provisions of this section, would
constitute murder, does the act which causes death in the heat of passion
caused by sudden provocation, and before there is time for his passion
to cool, he is guilty of manslaughter only.
As amended by Act of 1971, No. 41, s. 7.
Zty. (1) When a person who unlawfully kills
another under circumstances which, but for the provisions of this
section, would constitute murder, is at the time of doing the act
or making the omission which causes death in such a state of abnormality
of mind (whether arising from a condition of arrested or retarded development
of mind or inherent causes or induced by disease or injury) as
substanti~ly to impair his capacity to understand what he is doing, or his
capacity to control his actions, or his capacity to know that he ought not
to do the act or make the omission, he is guilty of manslaughter only.
(2) a charge of murder, it shall be for the defence to prove
that the person charged is by virtue of this section liable to be convicted
of manslaughter only.
(3) When two or more persons unlawfully kill another, the fact that
one of such persons is by virtue of this section guilty of manslaughter only
shall not affect the question whether the unlawful killing amounted to
murder in the cas@ of any other such person or persons.
Inserted by Act of 1961, 10 Eliz. 2 No. 11, s. 5; as amended by Act of
1971, No. 41, s. 7.
305. P emt of Murder. Any person who commits the crime of
murder is liable; to imprisonment with hard labour for life,
which cannot be mitigated or varied under section nineteen of this Code.
As amended by Act of 1922, 13 Geo. 5 NO. 2, s. 3 (xiv); Act of 1971,
No. 41, s. 7.
306. A ~ to e er. ~ Any person ~ who- ~
(I ) Attempts unlawfully to kill another; or
(2) With intent unlawfully to kill another does any act, or omits
to do any act which it is his duty to do, such act or omission
being of such a nature as to be likely to endanger human life;
is guilty of a crime, and is liable to imprisonment with hard labour for
life, with or without solitary confinement.
307. Accessory after e Faet to Murder. Any person who becomes an
accessory after the fact to murder is guilty of a crime, and is liable to
imprisonment with hard labour for life.
As amended by AG~ of 1971, No. 41, s. 7.
308. en T rder, Any person who, knowing the contents
thereof, directly or indirectly causes any person to receive any writing
threatening to kill any person, is guilty of a crime, and is liable to imprison-
ment with hard labour for seven years, with or without solitary
confinement.