Law Information - Assaults / Violence Offences - SA

Cause Death By Intentional Act of Violence

Date: 29/06/2011

The Law -

Section 12A of the Criminal Law Consolidation Act 1935 (SA) states that a person is guilty of murder if they commit an intentional act of violence which results in death, while committing certain other major indictable offences.

If you have been charged with this offence or believe that this may apply to you Caldicott & Co specialise in criminal law and can offer you advice.

The Maximum Penalty for Cause Death By Intentional Act of Violence

The maximum penalty is life imprisonment

What the prosecution must prove - Cause Death By Intentional Act of Violence

An offence under this section will occur if:

• a person commits an intentional act of violence,
• in the course of committing another major indictable offence, and
• it results in the death of a person.

Possible Defences - Cause Death By Intentional Act of Violence

You may have a defence to this charge if:

• you were provoked
• you were acting in self-defence, defence of another person, or defence of property
• you were suffering from a mental impairment
• you suffered from an automatism
• you were acting under duress, or
• you did not intend to commit the act.

For further information on defences relating to this offence you can contact Caldicott & Co solicitors. Even if you think one of these defences does not apply to you, the team at Caldicott & Co may still be able to help you defend the charge.

The Court process - Cause Death By Intentional Act of Violence

This is a major indictable charge. The proceedings will initially commence in the Magistrates Court of South Australia. If there is sufficient evidence against you, the matter will then be transferred to the Supreme Court of South Australia.

Caldicott & Co will work hard to have the charges dismissed at an early stage so that your matter does not proceed to the Supreme Court of South Australia.