Crimes Act 1900
Encyclopedia
The Crimes Act 1900 is a New South Wales
statute that codifies the common law crimes for the state of New South Wales in Australia
. Along with the Crimes Act 1914
and the Federal Criminal Code Act 1995 (both federal), these two pieces of legislation form the majority of criminal law for New South Wales.
As it is the major criminal law statute for New South Wales, it is an extensive legal document of 582 different sections, which define an extensive list of offences under New South Wales law.
The most culpable mens rea
for murder is intent to kill. If A intended to kill B, whether it was premeditated or on the spur of the moment, A is guilty of murder.
Under NSW law, the next most culpable state is intent to cause grievous bodily harm - so if A inflicts grievous bodily harm on B and B dies, A is guilty of B's murder.
The next level of culpability is 'reckless indifference to human life' in which A saw that his actions carried a probability of B's death (for example, driving a truck into a pub as in R v Crabbe
).
The final level is constructive murder (also termed felony murder
) in which A kills B (even if unintentionally - the only question that can be raised is whether the act was voluntary or not - see Ryan) during, or immediately after, the commission of a crime, punishable by 25 years imprisonment.
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
statute that codifies the common law crimes for the state of New South Wales in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. Along with the Crimes Act 1914
Crimes Act 1914
The Crimes Act 1914 is a piece of Federal legislation in Australia. Pursuant to the Australian Constitution it prevails in any conflict with State laws dealing with the subject of crime....
and the Federal Criminal Code Act 1995 (both federal), these two pieces of legislation form the majority of criminal law for New South Wales.
As it is the major criminal law statute for New South Wales, it is an extensive legal document of 582 different sections, which define an extensive list of offences under New South Wales law.
Murder law
For a person to be guilty of murder, the prosecution must prove the actus reus and mens rea for murder under NSW law. The actus reus (the act) of murder is evident - A causes B's death.The most culpable mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
for murder is intent to kill. If A intended to kill B, whether it was premeditated or on the spur of the moment, A is guilty of murder.
Under NSW law, the next most culpable state is intent to cause grievous bodily harm - so if A inflicts grievous bodily harm on B and B dies, A is guilty of B's murder.
The next level of culpability is 'reckless indifference to human life' in which A saw that his actions carried a probability of B's death (for example, driving a truck into a pub as in R v Crabbe
Douglas Crabbe
Douglas John Edward Crabbe is an Australian murderer currently imprisoned in Perth for a multiple murder which occurred when he drove his 25-tonne Mack truck into the crowded bar of a motel at the base of Uluru, on 18 August 1983...
).
The final level is constructive murder (also termed felony murder
Felony murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
) in which A kills B (even if unintentionally - the only question that can be raised is whether the act was voluntary or not - see Ryan) during, or immediately after, the commission of a crime, punishable by 25 years imprisonment.