In the crime “assault causing death”, how do we know that such assault is the proximate cause of another person’s death? This article will tackle Sections 25A to 25C of the Crimes Act 1900 which establishes the elements of the crimes “assault causing death” and “supplying drugs causing death.”
Assault is a crime that generally involves an intentional act wherein the person committing the assault purposefully creates fear or inflicts harm to another person. Moreover, this can involve physical violence or the threat of it. For example, punching someone or raising a fist as if to strike would both be assault.
Although the crime of assault gives the impression that the offender only causes physical injuries to the other person, it can be worse from that. In reality, assault can result to the death of a person. Assault can tragically result in the death of the victim through various means, including:
- severe physical injuries,
- internal trauma, or
- the use of deadly weapons during the assault.
Assault Causing Death
Section 25A of the Crimes Act NSW states that a person is guilty of “assault causing death” when:
- he or she assaults another person by intentionally hitting the other person with any part of the person’s body or with an object held by the person, and
- the assault is not authorised or excused by law, and
- the assault causes the death of the other person.
This section establishes that an assault causes the death of a person whether the person is killed:
- as a result of the injuries received directly from the assault or
- from hitting the ground or an object as a consequence of the assault.
Note that in the proceedings for the crime of assault causing death, it is not necessary to prove that the death was reasonably foreseeable.
Defence: When Accused Is Intoxicated
Section 25A also states that intoxication by the accused is a defence in proceedings for the offence of “assault causing death.” The accused can invoke this defence:
- if the intoxication of the accused was not self-induced (within the meaning of Part 11A), or
- if the accused had a significant cognitive impairment at the time the offence was alleged to have been committed (not being a temporary self-induced impairment).
The maximum penalty for this crime is an imprisonment for 20 years. However, the maximum penalty is 25 years imprisonment if the offender is:
- of or above the age of 18 years and
- intoxicated.
Moreover, in the proceedings for this offence:
- The opposing party may produce evidence of the presence and concentration of any:
- alcohol, drug or other substance
- in the accused’s breath, blood, or urine at the time of the alleged offence
- as determined by an analysis carried out in accordance with Division 4 of Part 10 of the Law Enforcement (Powers and Responsibilities) Act 2002 , and
- If the prosecution proves that there was a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood, the accused is conclusively presumed to be intoxicated by alcohol. This must be in accordance with an analysis carried out in accordance with that Division.
Assault Causing Death When Intoxicated: Mandatory Minimum Sentence
Under Section 25B, if someone is found guilty of an offence under section 25A, the court must sentence them to a minimum of 8 years in prison (2). The sentence’s non-parole period must likewise last for a minimum of eight years.
Section 21 (or any other provision) of the Crimes (Sentencing Procedure) Act 1999 or any other Act or law does not authorise a court to impose a lesser or no sentence or to impose a lesser non-parole period if this section requires a person to be sentenced to a minimum period of imprisonment.
Moreover, nothing in this section affects the prerogative of mercy. The Governor-General of the Commonwealth, the Governor of a state, or the Administrator of a territory (on advice of the Executive Council of the respective governments) can pardon an offender who has faced conviction of a criminal offence. This is done through its broad discretionary power known as the “royal prerogative of mercy.”
Supply Of Drugs Causing Death
Other than the crime of assault causing death, the Crimes Act also punishes those who supply drugs to another and causes his or her death.
This section addresses the serious issue of individuals supplying prohibited drugs that directly contribute to the death of another person. It aims to hold drug suppliers accountable for the fatal consequences of their actions.
Section 25C provides that a person is guilty of this offence if:
- the person supplies a prohibited drug to another person for financial or material gain, and
- the drug is self-administered by another person (whether or not the person to whom the drug was supplied), and
- the self-administration of the drug causes or substantially causes the death of that other person.
For this crime, the prosecution does not need to prove that there is an intention of the accused to cause death to another person.
The maximum penalty for this crime is imprisonment for 20 years. The law imposes a lengthy imprisonment for this crime because the act of selling, giving, or even sharing drugs to another is a serious offence.
Moreover, in proceedings for this offence, the opposite party must demonstrate that the accused knew or should have reasonably known, that:
- providing the illegal substance would put another person
- whether or not they were the one receiving it
- at serious risk of dying from the drug’s self-administration.
However, there’s an exception. A person does not commit this offence if the person is authorised to supply the drug under the Poisons and Therapeutic Goods Act 1966. The only way to institute proceedings for this offence is by or with the approval of the Director of Public Prosecutions.
To determine whether the drug supplied is a “prohibited drug,” here’s the list of prohibited drugs under the Drug Misuse and Trafficking Act 1985. However, this term does not include “prohibited plant” within the meaning of that Act.
Seek Legal Help from JB Solicitors
An assault causing death charge is an incredibly serious situation with life-altering consequences. Your lifeline is a skilled criminal defence lawyer from JB Solicitors. We can safeguard your rights, craft the strongest possible defence, and fight to minimise the potential penalties.
Seek immediate representation if you or a loved one are accused of this crime. Contact us today.
