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Criminal Code Act 1899 - Queensland Legislation

Criminal Code Act 1899 - Queensland Legislation

Criminal Code Act 1899 - Queensland Legislation

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Schedule 1 The <strong>Criminal</strong> <strong>Code</strong>Part 5 Offences against the person and relating to marriage and parental rights and dutiesChapter 28A Unlawful striking causing death[s 314A](3A) For subsection (1), the striking of another person is unlawfulunless it is authorised or justified or excused by law.(4) A person is not criminally responsible for an offence againstsubsection (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 anoffence mentioned in subsection (1), the court must make anorder that the person must not be released from imprisonmentuntil the person has served the lesser of—(a) 80% of the person’s term of imprisonment for theoffence; or(b) 15 years.(6) Subsection (5) does not apply if the court sentences the personto—(a) a term of imprisonment for life; or(b)(c)Note—See the Corrective Services <strong>Act</strong> 2006, section 181 for the paroleeligibility date for a prisoner serving a term of imprisonment forlife for an offence mentioned in subsection (1).an indefinite sentence under the Penalties and Sentences<strong>Act</strong> 1992; orNote—See the Penalties and Sentences <strong>Act</strong> 1992, section 171 for thetime of the earliest review of an indefinite sentence being servedby a prisoner serving an indefinite sentence for an offencementioned in subsection (1).a term of imprisonment and makes either of thefollowing orders under the Penalties and Sentences <strong>Act</strong>1992 for the person—(i) an intensive correction order;Current as at 1 December 2014 Page 193

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