Section 300 of Criminal Code Act, 1899 | Criminal Law

Running head: CRIMINAL LAW
CRIMINAL LAW
Name of the student
Name of the university
Author note

CRIMINAL LAW1
INTRODUCTION
The unlawful killing as enumerated in Section 300 of Criminal Code Act, 1899 (Qld)1
that establishes that the individual who illegally murders another and has guilt intent at the time
of the commission of the crime that may be either manslaughter or murder as per the situation of
the particular case. Thus Section 293 of The Criminal Code entails that what constitutes the
offense of murder or illegal killing. Once it has been set out that the murder is illegal, it can be
categorized as murder as designated in. Section 293 of the code designate killing as the
happening passing away of another either indirect or direct manner by any method whatsoever.
Thus for establishing the offense of murder or manslaughter, there should be a causal
relationship between the conduct of the suspect and the death of the victim.
ISSUE
The issue involved is whether the accused have guilt intention at the time of commission of
murder. Thus Section 302 entails the situation in which the individual who illegally murders will
hold to be accused of murder2. If the intention of the offender to murder or causing grave bodily
injury to the individual who is killed or to some other individuals3 .If the passing away of the
1 Criminal Code Act, 1899 (Qld)
2 Dyer, Andrew. “Progressive Punitiveness in Queensland.” Dyer, A.,” Progressive
Punitiveness in Queensland”, (2020) Australian Bar Review.
3 Burton, Kelley, Thomas Crofts, and Stella Tarrant. Principles of criminal law in
Queensland and Western Australia. Thomson Reuters, 2015.

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individual is occurred by the method of activity that is committed in prosecution of the illegal
motive in addition tom that the activity is of such character that probable to endanger the life of
the individuals Thus for the purpose of identifying that alleged act comes within the ambit of
murder there is requirement to occur unlawful killing. As because without commission of
unlawful killing the accusation of murder cannot be establish4. The individual is deemed of
killing another is there exist cause of death indirection or directly that is termed as causation.
Thus causation is also required to be establish by the prosecuting lawyer.
In the circumstances for the purpose of establishing that unlawful killing is murder there is
requirement to fulfill two main elements. Section 302(1) should be fulfilled in court for the
purpose of establishing that the individual is guilty for the offence of murder. The first criteria is
presence of mens rea and second elements is death is effected from the intention to cause grave
bodily injury. Therefore intention play a significant role in proving the offence of murder in the
court.
DEFENCES
In the instant case Tiffany Taylor suddenly was untraceable and it was suspected that
William killed him as there exist evidences supporting the same as alleged by the prosecuting
lawyer. Furthermore it had been alleged by police that the cause of death is Taylor had no money
to pay for sexual encounter that they had. However there are some partial defense that is
obtainable under The Criminal Code for the offense of murder
4 Clugston, Bobbie, et al. "Interviewing persons with mental illness charged with murder or
attempted murder: a retrospective review of police interviews." Psychiatry, Psychology and
Law (2019): 1-16.

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Killing due to provocation: if the individuals kill another in addition to that act in such
manner that occurs death happens under warm of passion that occurs due to unexpected
provocation prior there exist the period for the passion of the person to cool down the
individual, in that case, is held to be guilty of the offence of manslaughter and not of murder.
In the case the murder of Taylor can happen by sudden provocation caused by victim5.
Diminished obligation: if the individual kills another as well as the activity that commits the
death is made when the suspect is in such condition of the mental abnormality or insanity a to
considerably damage the capability to comprehend that the act the person is committing or to
regulate the act or have knowledge what ought not to act in a particular manner then the
individual is held to be guilty of the offense of murder6. The state of mind of William at the
time of occurrence of incident might not be stable and does the act comes within the
exemption.
5 Christopher, Emma. "The saviour and the revolutionary: Afro-Caribbean responses in a
Queensland/New Guinea kidnapping case." Slavery & Abolition 40.2 (2019): 321-340.
6 Hemming, Andrew. Criminal Law Guidebook: Queensland and Western Australia. Oxford
University Press, 2015.