Acts Causing Death

It is unlawful to kill any person unless such killing is authorised or justified of excused by law.

In Western Australia, the Criminal Code governs the crimes of murder, manslaughter and alternative offences for acts causing death. There are mandatory minimum sentences that apply to adults and children found guilty of these offences.

Any person who unlawfully kills another is guilty of a crime which, according to the circumstances of the case, may be murder or manslaughter.

Murder

A person is deemed to have committed murder if they intended to cause the death of a person (regardless of whether or not they intended to kill the person who was actually killed) or they intended to cause a bodily injury likely to endanger the life of a person or they caused a death by an act done in prosecution of an unlawful purpose likely to endanger human life (regardless of whether or not they intended to hurt anyone). Murder convictions result in life imprisonment or 20 years.

Manslaughter

If a person unlawfully kills another person under such circumstances as not to constitute murder, the person is guilty of manslaughter and is liable to imprisonment for life.

Unlawful assault causing death

If a person unlawfully assaults another who dies as a direct or indirect result of the assault, the person is guilty of a crime and is liable to imprisonment for 20 years.

Attempt to unlawfully kill

Any person who attempts unlawfully to kill another; or with intent unlawfully to kill another does any act, or omits to do any act which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life; is guilty of a crime, and is liable to imprisonment for life.

Other Offences

  1. Death from act done at child birth;
  2. Acceleration of death;
  3. Procuring suicide;
  4. Causing death by threat;
  5. Death from bodily injury that might have been avoided or prevented;
  6. Death from, or from treatment of, grievous bodily harm;
  7. Culpable driving (not of motor vehicle or vessel) causing death or grievous bodily harm; and
  8. Driving offences causing death under the Road Traffic Act 1974 (WA);

If you have been charged with any offences involving the death of another person, you should immediately obtain legal advice and representation. Our experienced solicitors at Prime Law can guide you through your legal matters.

The content of this website is informative only, it is not legal advice.

Traffic Matters

Assault Offences