Committing an Act to a Person With Intent to Murder
Committing an Act to a Person with Intent to Murder is an offence under Section 27 of the Crimes Act 1900 which carries a maximum penalty of 25 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You administered poison or any other destructive thing to a person, or you otherwise caused such a substance to be taken by the person, or you wounded or caused grievous bodily harm to a person, and
- You intended by doing so to murder the person
‘Wound’ means to break both layers of the skin being the dermis and epidermis.
‘Grievous bodily harm’ means ‘really serious harm’ it includes, but is not limited to:
- Any permanent or serious disfigurement
- The destruction of a foetus, other than by a medical procedure, and
- Any grievous bodily disease
The offence carries a ‘standard non parole period’ of 10 years in prison which is a guidepost or reference point for the sentencing judge when determining the minimum term you must spend in prison before being eligible to apply for release on parole.
Defences to the charge include:
- Self defence
- Duress, and
- Necessity
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