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Act index » Part 3 - Sentences » Division 2 - Custodial orders Subdivision (1)—Imprisonment
9C Custodial sentence must be imposed for manslaughter by single punch or strike
(1)This section applies to the sentencing of an offender (whether on appeal or otherwise) for an offence of manslaughter if—
(a)the prosecution served and filed a notice under section 9A in relation to the offence; and
S. 9C(6)(a) substituted by No. 72/2014 s. 11(1).Note to s. 9C(6)(a) repealed by No. 72/2014 s. 11(2).
(b)the notice specifies, in accordance with section 9A(3), that it relates to this section; and
(c)the notice has not been revoked under section 9A(8).
(2)In sentencing the offender, the court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than 10 years unless the court finds under section 10A that a special reason exists.
Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence.
(3)Subsection (2) applies to the court in sentencing the offender only if the court is satisfied beyond reasonable doubt that—
(a)the victim's death was caused by a punch or strike that, under section 4A(2) of the Crimes Act 1958, is taken to be a dangerous act for the purposes of the law relating to manslaughter by an unlawful and dangerous act; and
(b)the offender intended that the punch or strike be delivered to the victim's head or neck; and
(c)the victim was not expecting to be punched or struck by the offender; and
(d)the offender knew that the victim was not expecting, or was probably not expecting, to be punched or struck by the offender.
(4)The court may be satisfied of the matters specified in subsection (3)(c) and (d) even if the victim was involved in a confrontation with the offender or any other person before the punch or strike was delivered.
(5)The fact that the offender warned the victim of the punch or strike immediately before delivering it does not mean that the victim was expecting to be punched or struck by the offender.
The offender might only warn the victim of the punch or strike so close to the time of the delivery of the punch or strike that the victim is not expecting to be punched or struck by the offender.
(6)Subsection (2) does not apply to—
(a)a person who is involved in the commission of the offence within the meaning of section 323(1)(a) or (b) of the Crimes Act 1958; or
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(b)a person who is under the age of 18 years at the time of the commission of the offence.
(7)In this section—
strike has the meaning given by section 4A of the Crimes Act 1958.