NCJ Number
226117
Date Published
June 2008
Length
148 pages
Annotation
The Queensland Law Reform Commission (Australia) presents a “Discussion Paper” that reviews the “law of accident” in Queensland’s Criminal Code, which states in section 23(1)(b) that “Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an event that occurs by accident.”
Abstract
Although this provision can be a legal defense against charges in all criminal offenses, this review focuses on its use in homicide cases. One chapter presents an overview of the homicide provisions in Queensland’s Criminal Code in order to provide background for the discussion of the excuse of accident. The next chapter outlines the mandates given the Law Reform Commission in conducting this review. A chapter then discusses the historical development of section 23 of the Criminal Code, including a comparison of section 23 with the position under modern Australian common law, along with an analysis of the amendment to it in section 23(1A). This is followed by a chapter that reviews court cases which illustrate the application of the excuse of accident from the early 20th century until 2008. A chapter then explains the direction a jury receives in trials in which accident is raised as an excuse. Another chapter summarizes the results of the Queensland Attorney General’s audit of homicide trials in which the nature and frequency of the use of the excuse of accident were used. The next chapter discusses the proposed new offense of “assault causing death,” followed by a chapter that explains the use of the excuse of accident in other Australian jurisdictions, as well as recent related developments in England, Wales, and Ireland. Key questions and discussion issues regarding the excuse of accident are outlined in the concluding chapter. Appended terms of reference for this review