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Section 31B Crimes Act 1900
Survivor of Suicide Pact

Sections 31B of the Crimes Act deals with Survivor of Suicide Pact.

If you encourage, counsel, aid or abet another person to commit suicide, you could face criminal charges, even if the suicide does not eventuate. Generally, it will be enough that the other person attempted to commit suicide.

Being charged with assisting or encouraging someone to commit suicide can be a highly distressing and upsetting experience. However, the first step when it comes to fighting the charges is understanding what the law says about suicide.

Section 31B says that if you are the survivor of a suicide pact, you cannot be charged with murder or manslaughter, however you may be charged with aiding, abetting or encouraging someone to commit suicide under section 31C.

A ‘suicide pact’ is an agreement between two or more persons which aims to result in the death of all persons involved.

If you wish to argue that you were part of a suicide pact, you will bear the onus of proving that a suicide pact existed.

The Legislation

Section 31B of the Crimes Act 1900, which deals with Survivor of Suicide Pact, reads as follows:

31B Survivor of Suicide Pact

(1) The survivor of a suicide pact shall not be guilty of murder or manslaughter but may be guilty of an offence under section 31C.

(2) In this section,

“suicide pact” means a common agreement between 2 or more persons having for its object the death of all of them, whether or not each is to take his or her own life, but nothing done by a person who enters into a suicide pact shall be treated as being done by the person in pursuance of the pact unless it is done while the person has the settled intention of dying in pursuance of the pact.

(3) The onus of proving the existence of a suicide pact shall lie with the accused person on the balance of probabilities.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our criminal law specialists.

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