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Review of the Law of Manslaughter in New South Wales
On 29 October 2002 the Honourable Mervyn D Finlay QC was appointed to conduct a review of the law of manslaughter in New South Wales.
The Terms of Reference for the review were:-
Manslaughter Generally
The principal question to be considered in the review is whether the Crimes Act 1900 should be amended to include a structured scheme of manslaughter offences and penalties.
Specifically, the Government seeks advice as to whether there should be different grades of manslaughter offences with standard sentences to reflect the different circumstances and culpability involved.
This will involve consideration of the feasibility of creating statutory definition(s) of categories of manslaughter.
The review will examine the relevant provisions of the Crimes Act 1900 and the common law concerning manslaughter. The review will have regard to any recent domestic and/or international developments in the law of manslaughter that may inform its deliberations.
Manslaughter and Unborn Children
The review is to include an examination of whether the Crimes Act provisions concerning manslaughter should be amended in such a way as to allow a charge of manslaughter to be brought in circumstances where an unborn child dies.
The examination of this question will involve an assessment of the operation and effect of section 20 of the Crimes Act, concerning child murder, and the adequacy of that provision.
Such review is to include, but not be restricted to, consideration of the following questions:
(i) whether it would be necessary to establish that an offender knew that the mother was bearing a child; and,
(ii) whether NSW should legislate to introduce the offence of “child destruction”.
The terms provided for the review to seek submissions from interested parties by Friday, 31 January 2003.
The report is available in Rich Text Format. The Schedules to the Report are also available in Rich Text Format, except for Schedules 5, 6, 8 and 16, which are PDF Documents. To view a PDF Document, you will need a copy of Adobe Acrobat on your computer. If you do not have a copy of Adobe Acrobat, you can download a copy for free from the Adobe site.
The Report
Schedule 1.1
Schedule 1.2
Schedule 1.3
Schedule 1.4
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Schedule 7
Schedule 8
Schedule 9
Schedule 10
Schedule 11
Schedule 12
Schedule 13
Schedule 14
Schedule 15
Schedule 16
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