Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and dutiesChapter 28 Homicide—suicide— concealment of birth[s 304B]arrested or retarded development of mind or inherent causesor induced by disease or injury) as substantially to impair theperson’s capacity to understand what the person is doing, orthe person’s capacity to control the person’s actions, or theperson’s capacity to know that the person ought not to do theact or make the omission, the person is guilty of manslaughteronly.(2) On a charge of murder, it shall be for the defence to prove thatthe person charged is by virtue of this section liable to beconvicted of manslaughter only.(3) When 2 or more persons unlawfully kill another, the fact that1 of such persons is by virtue of this section guilty ofmanslaughter only shall not affect the question whether theunlawful killing amounted to murder in the case of any othersuch person or persons.304BKilling for preservation in an abusive domesticrelationship(1) A person who unlawfully kills another (the deceased) undercircumstances that, but for the provisions of this section,would constitute murder, is guilty of manslaughter only, if—(a) the deceased has committed acts of serious domesticviolence against the person in the course of an abusivedomestic relationship; and(b) the person believes that it is necessary for the person’spreservation from death or grievous bodily harm to dothe act or make the omission that causes the death; and(c) the person has reasonable grounds for the belief havingregard to the abusive domestic relationship and all thecircumstances of the case.(2) An abusive domestic relationship is a domestic relationshipexisting between 2 persons in which there is a history of actsof serious domestic violence committed by either personagainst the other.Page 188 Current as at 1 December 2014