Recent development over the death of Daniel Christie, the victim of a one punch assault, commonly referred to as a King Hit, in Kings Cross, New South Wales, paved the way to give rise for new charges against Shaun McNeil, the person who assaulted Daniel.
Murder in New South Wales is defined under s 18(1) of the Crimes Act 1900 (NSW). Under the said law, murder is deemed committed by any person who acted which caused the death charged and it was done or omitted with reckless indifference to human life, or with intent to kill, or inflict grievous bodily harm to other person. The penalty set by law is either 25 years or life imprisonment.
Murder has been considered as the most serious offence according to the jurisprudence laid down by the Court as such the filing thereof should be backed up with substantial evidence in order for the Court to arrive at a just resolution of the case.
Defences to murder can either be partial or complete defence. Partial defence includes provocation or substantial impairment. Complete defence can be the subsistence of a mental illness or disorder on the part of the accused when he committed the offence of murder. If the partial defence of the accused has been given consideration by the Court, the charge of murder can be reduced to manslaughter and a slightly less penalty will be imposed. Complete defence on the other hand may totally remove the criminal liability of the accused subject to the special conditions that the court may set.
For example, if the Complete Defence of Mental Illness or instability is given due course by the Court and that the same has been found to be true, the accused can be placed in a institution for his rehabilitation instead of the prison to serve his sentence.
Daniel Christie was on life support ever since he was assaulted by McNeil. When his parents decided to turn off the equipments and machines who are keeping him alive, the prosecution are now afforded the chance to raise the charges against McNeil to murder. They must able to produce enough evidence to show the court that the assault made by McNeil against Daniel will satisfy with the requirements of murder.
On the part of the accused, his counsel may either defend his case by impartial defence or complete defence. They can show that there was indeed an altercation between the two of them that led to the punching incident.
This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers. Criminal Lawyers Brisbane , Criminal lawyers Sydney ,Criminal lawyers Melbourne,criminal lawyers Perth,criminal lawyers Adelaide
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.