South Australia: Criminal Law Consolidation Act 1935 (SA)

South Australia Criminal Law Consolidation Act 1935 An Act to consolidate certain Acts relating to the criminal law; and for other purposes. Contents Part 1—Preliminary 1 Short title 5 Interpretation 5AA Aggravated offences 5A Abolition of capital punishment 5B Proof of lawful authority or lawful or reasonable excuse 5D Abolition of historical classifications Part 1A—Territorial application of the criminal law 5E Interpretation 5F Application 5G Territorial requirements for commission of offence against a law of this State 5H Procedural provisions 5I Double criminality Part 2—Treason 6 Repeal 7 Treason 8 Time within which prosecution shall be commenced and warrant issued 9 In informations more than one overt act may be charged 10 Nothing herein to affect 25 Edward III Stat. 5, c. 2 10A Penalty for treason Part 3—Offences against the person etc Division 1—Homicide 11 Murder 12 Conspiring or soliciting to commit murder 12A Causing death by an intentional act of violence 13 Manslaughter 13A Criminal liability in relation to suicide Division 1A—Criminal neglect etc 13B Interpretation 14 Criminal neglect 14A Failing to provide food etc in certain circumstances Division 2—Defences 14B Abolition of certain common law defences 15 Self defence 15A Defence of property etc 15B Reasonableness etc where offence committed in circumstances of family violence 15C Requirement of reasonable proportionality not to apply in case of an innocent defence against home invasion 15D Duress 15E Sudden or extraordinary emergency 15F Review of Division Division 3—Miscellaneous 16 Petit treason 18 Abolition of year-and-a-day rule Division 4—Unlawful threats 19 Unlawful threats Division 5—Stalking 19AA Unlawful stalking Division 6—Serious vehicle and vessel offences 19AAB Interpretation 19A Causing death or harm by dangerous use of vehicle or vessel 19AB Leaving accident scene etc after causing death or harm by careless use of vehicle or vessel 19ABA Causing death or serious harm by careless use of vehicle or vessel 19AC Dangerous driving to escape police pursuit etc 19AD Street racing 19ADA Extreme speed 19AE Commissioner of Police to impose immediate licence disqualification or suspension following certain charges 19AF Power of police to impose immediate licence disqualification or suspension for certain offences 19B Alternative verdicts Division 7—Assault 20 Assault 20AA Causing harm to, or assaulting, certain emergency workers etc 20AB Further offence involving use of human biological material 20AC Alternative verdicts Division 7AA—Choking etc in a domestic setting 20A Choking, suffocation or strangulation in a domestic setting Division 7A—Causing physical or mental harm 21 Interpretation 22 Conduct falling outside the ambit of this Division 23 Causing serious harm 24 Causing harm 25 Alternative verdicts 29 Acts endangering life or creating risk of serious harm 29A Shooting at police officers 31 Possession of object with intent to kill or cause harm Division 7AB—Special firearm offences 32 Possession of a firearm with intent to commit an offence 32AA Discharge of firearms to injure etc Division 7B—Throwing objects at vehicles 32A Throwing objects at vehicles 32B Alternative verdicts Division 7C—Food and beverage spiking 32C Spiking of food or beverages Division 8—Female genital mutilation 33 Definitions 33A Prohibition of female genital mutilation 33B Removal of child from State for genital mutilation Division 8A—Child marriage 34 Interpretation and application of Division 34A Bringing child into State for marriage 34B Removing child from State for marriage 34C Consent no defence Division 9—Kidnapping and unlawful child removal 38 Interpretation 39 Kidnapping 40 Unlawful removal of child from jurisdiction Division 11—Rape and other sexual offences 46 Consent to sexual activity 47 Reckless indifference 48 Rape 48A Compelled sexual manipulation 49 Unlawful sexual intercourse 50 Sexual abuse of a child 51 Sexual exploitation of person with a cognitive impairment 56 Indecent assault 57 Consent no defence in certain cases 57A Power to take plea without evidence 58 Acts of gross indecency 59 Abduction of male or female person 60 Procuring sexual intercourse 61 Householder etc not to permit unlawful sexual intercourse on premises Division 11A—Child exploitation material and related offences 62 Interpretation 63 Production or dissemination of child exploitation material 63AA Production or dissemination of child‑like sex dolls 63A Possession of child exploitation material 63AAB Possession of child‑like sex dolls 63AB Offences relating to websites 63B Procuring child to commit indecent act etc 63C Material to which Division relates 63D Forfeiture Division 11B—Institutional and out of home care child sexual abuse 64 Interpretation 64A Failure to report suspected child sexual abuse 65 Failure to protect child from sexual abuse Division 12—Sexual servitude and related offences 65A Definitions 66 Sexual servitude and related offences 67 Deceptive recruiting for commercial sexual acts 68 Use of children in commercial sexual acts Division 13—Miscellaneous sexual offences 68A Abolition of crime of sodomy 69 Bestiality 72 Incest Division 14—Procedure in sexual offences 72A Former time limit abolished 73 Proof of certain matters 75 Alternative verdict on charge of rape etc 76 Corroborative evidence in certain cases Division 15—Bigamy 78 Bigamy 79 Defences in cases of bigamy Division 16—Abduction of children 80 Abduction of child under 16 years Division 18—Concealment of birth 83 Concealment of birth Part 3A—Offences relating to public order 83A Interpretation 83B Riot 83C Affray 83CA Information for terrorist acts Part 3B—Offences relating to criminal organisations Division 1—Participation in criminal organisation 83D Interpretation 83E Participation in criminal organisation 83F Alternative verdicts 83G Evidentiary Division 2—Public places, prescribed places and prescribed events 83GA Preliminary 83GB Report of Crime and Public Integrity Policy Committee 83GC Participants in criminal organisation being knowingly present in public places 83GD Participants in criminal organisation entering prescribed places and attending prescribed events 83GE Participants in criminal organisation recruiting persons to become participants in the organisation 83GF Sentencing 83GG Evidentiary Part 3C—Protection for working animals 83H Interpretation 83I Causing death or serious harm etc to working animals 83J Court may order compensation and other costs 83K Enforcement of order for compensation etc 83L Evidentiary Part 3D—Explosives offences 83M Interpretation 83N Explosive devices 83O Explosive substances, prescribed equipment or instructions 83P Bomb hoaxes Part 4—Offences with respect to property 84 Preliminary 85 Arson and other property damage 85A Recklessly endangering property 85B Special provision for causing bushfire 86 Possession of object with intent to damage property 86A Using motor vehicle without consent Part 4A—Computer offences 86B Interpretation 86C Meaning of unauthorised access to or modification of computer data 86D Meaning of unauthorised impairment of electronic communication 86E Use of computer with intention to commit, or facilitate the commission of, an offence 86F Use of computer to commit, or facilitate the commission of, an offence outside the State 86G Unauthorised modification of computer data 86H Unauthorised impairment of electronic communication 86I Possession of computer viruses etc with intent to commit serious computer offence Part 5—Offences of dishonesty Division 1—Preliminary 130 Interpretation 131 Dishonesty 132 Consent of owner 133 Operation of this Part Division 2—Theft 134 Theft (and receiving) 135 Special provision with regard to land and fixtures 136 General deficiency Division 3—Robbery 137 Robbery Division 4—Money laundering and dealing in instruments of crime 138 Money laundering 138A Dealing in instruments of crime Division 5—Deception 139 Deception Division 5A—Dishonest communication with children 139A Dishonest communication with children Division 6—Dishonest dealings with documents 140 Dishonest dealings with documents Division 7—Dishonest manipulation of machines 141 Dishonest manipulation of machines Division 8—Dishonest exploitation of advantage 142 Dishonest exploitation of position of advantage Division 9—Miscellaneous offences of dishonesty 143 Dishonest interference with merchandise 144 Making off without payment Part 5A—Identity theft 144A Interpretation 144B False identity etc 144C Misuse of personal identification information 144D Prohibited material 144E Attempt offence excluded 144F Application of Part Part 5B—Cheating at gambling 144G Interpretation 144H Engaging in conduct that corrupts betting outcome of event 144I Facilitating conduct that corrupts betting outcome of event 144J Concealing conduct or agreement 144K Use of corrupt conduct information or inside information for betting purposes Part 6—Secret commissions Division 1—Preliminary 145 Interpretation Division 2—Unlawful bias in commercial relationships 146 Fiduciaries 147 Exercise of fiduciary functions 148 Unlawful bias 149 Offence for fiduciary to exercise unlawful bias 150 Bribery Division 3—Exclusion of defence 151 Exclusion of defence Part 6A—Serious criminal trespass 167 Sacrilege 168 Serious criminal trespass 169 Serious criminal trespass—non-residential buildings 170 Serious criminal trespass—places of residence 170A Criminal trespass—places of residence Part 6B—Blackmail 171 Interpretation 172 Blackmail Part 6C—Piracy 173 Interpretation 174 Piracy Part 6D—Offences relating to human remains 175 Interpretation 176 Application of Part 177 Offence to destroy etc human remains to pervert course of justice 178 Offence to defile etc human remains 179 Offence to fail to report find of or conceal human remains 180 Alternative verdicts Part 7—Offences of a public nature Division 1—Preliminary 237 Definitions 238 Acting improperly 239 General attempt offence excluded 240 Parliamentary privilege not affected Division 2—Impeding investigation of offences or assisting offenders 241 Impeding investigation of offences or assisting offenders Division 2A—Offences relating to providing false or misleading information to a court 241A False or misleading information entered into electronic court management system Division 3—Offences relating to judicial proceedings 242 Perjury and subornation 243 Fabricating, altering or concealing evidence 244 Offences relating to witnesses 245 Offences relating to jurors 246 Confidentiality of jury deliberations and identities 247 Harassment to obtain information about jury's deliberations 248 Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings Division 4—Offences relating to public officers 249 Bribery or corruption of public officers 250 Threats or reprisals against public officers 251 Abuse of public office 252 Demanding or requiring benefit on basis of public office 253 Offences relating to appointment to public office Division 5—Escape, rescue and harbouring of persons subject to detention 254 Escape or removal from lawful custody 255 Harbouring or employing escapee etc Division 6—Attempt to obstruct or pervert course of justice or due administration of law 256 Attempt to obstruct or pervert course of justice or due administration of law Division 7—Criminal defamation 257 Criminal defamation Division 8—Offences limited in relation to industrial disputes and restraint of trade 258 Offences limited in relation to industrial disputes and restraint of trade Part 7A—Goods contamination and comparable offences 259 Interpretation 260 Unlawful acts of goods contamination or other acts prejudicing the health or safety of the public 261 Goods contamination unrelated to issues of public health and safety Part 7B—Accessories 267 Aiding and abetting Part 7C—Derivative liability for certain offences 267AA Offence where unlawfully supplied firearm used in subsequent offence Part 7D—Recruiting etc children to engage in certain criminal activities 267AB Recruiting etc child for criminal activity Part 8—Intoxication 267A Definitions 268 Mental element of offence to be presumed in certain cases 269 Question of intoxication must be specifically raised Part 8A—Mental impairment Division 1—Preliminary 269A Interpretation 269B Distribution of judicial functions between judge and jury 269BA Charges on which alternative verdicts are possible Division 2—Mental competence to commit offences 269C Mental competence 269D Presumption of mental competence 269E Reservation of question of mental competence 269F What happens if trial judge decides to proceed first with trial of defendant's mental competence to commit offence 269G What happens if trial judge decides to proceed first with trial of objective elements of offence Division 3—Mental unfitness to stand trial 269H Mental unfitness to stand trial 269I Presumption of mental fitness to stand trial 269J Order for investigation of mental fitness to stand trial 269K Preliminary prognosis of defendant's condition 269L Trial judge's discretion about course of trial 269M What happens if trial judge decides to proceed first with trial of defendant's mental fitness to stand trial 269N What happens if trial judge decides to proceed first with trial of objective elements of offence Division 3A—Disposition of persons with mental impairment charged with summary and minor indictable offences Subdivision 1—Principle on which court is to act 269NA Principle on which court is to act Subdivision 2—Making, variation and revocation of Division 3A orders 269NB Division 3A orders 269NC Court may direct defendant to surrender firearm etc 269ND Variation or revocation of condition of Division 3A order 269NDA Revision of Division 3A orders Subdivision 3—Administrative detention for defendant released on licence under this Division 269NE Administrative detention for defendant released on licence under this Division 269NF Powers of police officers relating to persons in respect of whom an administrative detention order has been issued Subdivision 4—Custody, supervision and care 269NG Custody, supervision and care Subdivision 5—Effect of supervening imprisonment on Division 3A order 269NH Effect of supervening imprisonment on Division 3A order Division 4—Disposition of persons declared to be liable to supervision under this Division Subdivision 1—Principle on which court is to act 269NI Principle on which court is to act Subdivision 2—Making, variation and revocation of supervision orders 269O Supervision orders 269OA Court may direct defendant to surrender firearm etc 269P Variation or revocation of supervision order 269Q Report on mental condition of defendant 269R Reports and statements to be provided to court 269T Matters to which court is to have regard 269U Revision of supervision orders Subdivision 3—Continuing supervision orders 269UA Application for continuing supervision 269UB Continuing supervision orders 269UC Variation or revocation of continuing supervision order 269UD Appeal Subdivision 4—Administrative detention for defendant released on licence under this Division 269UE Administrative detention for defendant released on licence under this Division 269UF Powers of police officers relating to persons in respect of whom an administrative detention order has been issued Subdivision 5—Custody, supervision and care 269V Custody, supervision and care Subdivision 6—Effect of supervening imprisonment on an order under Division 4 269VA Effect of supervening imprisonment Division 4A—Interstate transfer of persons subject to supervision order 269VB Interpretation 269VC Informed consent 269VD Transfer of persons from South Australia to another participating jurisdiction 269VE Transfer of persons from participating jurisdiction to South Australia Division 5—Miscellaneous 269W Counsel to have independent discretion 269WA Power to order examination etc in pre-trial proceedings 269X Power of court to deal with defendant before proceedings completed 269Y Appeals 269Z Counselling of next of kin and victims 269ZA Exclusion of evidence 269ZB Arrest of person who escapes from detention etc Part 9—Miscellaneous and procedure Division 1—Punishment for certain common law offences 270 Punishment for certain offences Division 2—Attempts 270A Attempts 270AB Attempted manslaughter Division 3—Assaults with intent 270B Assaults with intent Division 4—Preparatory conduct 270C Going equipped for commission of offence of dishonesty or offence against property 270D Going equipped for commission of offence against the person Division 5—Apprehension of offenders 271 General power of arrest 273 Judge's warrant for arrest of person charged Division 14—Provision as to persons convicted of offence 329 Provision as to persons convicted of an offence Part 12—Regulations 370 Regulations Schedule 11—Abolition of certain offences 1 Certain common law offences abolished 2 Certain offences under Imperial law abolished 3 Special provisions relating to maintenance and champerty Appendix 1 Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Criminal Law Consolidation Act 1935. 5—Interpretation (1) In this Act, unless the contrary intention appears— aggravated offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to an aggravated offence is a reference to the offence in its aggravated form (see section 5AA); approved carer, of a child, means an approved carer (within the meaning of the Children and Young People (Safety) Act 2017) in whose care the child has been placed under that Act; basic offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to a basic offence is a reference to the offence in its non-aggravated form (see section 5AA); bestiality means sexual activity between a person and an animal; common prostitute includes any male person who prostitutes his body for fee or reward; court means, except where a contrary intention is indicated or appears from the context, the Supreme Court, the District Court or a court of summary jurisdiction; criminal organisation has the same meaning as in Part 3B Division 1; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; drive includes ride; driver's licence includes a learner's permit; dwelling house does not include a building, although within the curtilage of a dwelling house and occupied with the dwelling house, unless there is a communication between the building and dwelling house, either immediate or by means of a covered and enclosed passage leading from the one to the other; firearm has the same meaning as in the Firearms Act 2015; foster parent, of a child, includes— (a) an approved carer of the child; and (b) a person in whose care the child is placed under section 77 of the Children and Young People (Safety) Act 2017; liable to be imprisoned for life means liable to be imprisoned for life or any lesser term; local government body means a council or other body constituted under the Local Government Act 1999; motor vehicle means a vehicle that is propelled by a motor; motor vessel means a vessel that is propelled by a motor; night means the interval between nine o'clock in the evening and six o'clock in the morning of the next day; offensive weapon means— (a) an article or substance made or adapted for use for causing, or threatening to cause, personal injury or incapacity including— (i) a firearm or imitation firearm (ie an article intended to be taken for a firearm); or (ii) an explosive or an imitation explosive (ie an article or substance intended to be taken for an explosive); or (b) an article or substance that a person has— (i) for the purpose of causing personal injury or incapacity; or (ii) in circumstances in which another is likely to feel reasonable apprehension that the person has it for the purpose of causing personal injury or incapacity; the Parole Board means the Parole Board of South Australia; place of divine worship means any church, chapel, meeting house or other place of divine worship; planning assessment panel means an assessment panel appointed or constituted under Part 6 Division 2 of the Planning, Development and Infrastructure Act 2016; property means real or personal property whether tangible or intangible and includes a wild animal that is in captivity or ordinarily kept in captivity; serious and organised crime offence means— (a) an offence against Part 3B; or (b) an offence that— (i) is punishable by life imprisonment; or (ii) is an aggravated offence against a provision of this, or any other, Act, if it is alleged that the offence was committed in the circumstances where— (iii) the offender committed the offence for the benefit of a criminal organisation, or 2 or more members of a criminal organisation, or at the direction of, or in association with, a criminal organisation; or (iv) in the course of, or in connection with, the offence the offender identified himself or herself in some way as belonging to, or otherwise being associated with, a criminal organisation (whether or not the offender did in fact belong to, or was in fact associated with, the organisation); sexual intercourse includes any activity (whether of a heterosexual or homosexual nature) consisting of or involving— (a) penetration of a person's vagina, labia majora or anus by any part of the body of another person or by any object; or (b) fellatio; or (c) cunnilingus, and includes a continuation of such activity; spouse—a person is the spouse of another if they are legally married; vehicle includes an animal; vessel has the same meaning as in the Harbors and Navigation Act 1993. (2) A note to a section or subsection of this Act forms part of the text of the Act unless the note clearly has no substantive effect. (3) For the purposes of this Act, a reference to a breast, vagina, labia majora, penis or other sexual organ includes a reference to a surgically constructed or altered breast, vagina, labia majora, penis or sexual organ (as the case may be). 5AA—Aggravated offences (1) Subject to this section, an aggravated offence is an offence committed in 1 or more of the following circumstances: (a) the offender committed the offence in the course of deliberately and systematically inflicting severe pain on the victim; (b) the offender used, or threatened to use, an offensive weapon to commit, or when committing, the offence; (c) the offender committed the offence against a police officer, prison officer, employee in a training centre (within the meaning of the Youth Justice Administration Act 2016) or other law enforcement officer— (i) knowing the victim to be acting in the course of his or her official duty; or (ii) in retribution for something the offender knows or believes to have been done by the victim in the course of his or her official duty; (ca) the offender committed the offence against a community corrections officer (within the meaning of the Correctional Services Act 1982) or community youth justice officer (within the meaning of the Youth Justice Administration Act 2016) knowing the victim to be acting in the course of their official duties; (d) the offender committed the offence— (i) intending to prevent or dissuade the victim from taking legal proceedings or from pursuing a particular course in legal proceedings; or (ii) in connection with the victim's conduct or future conduct (as party, witness or in any other capacity) in legal proceedings; or (iii) in retribution against the victim for taking legal proceedings or for the victim's conduct (as party, witness or in any other capacity) in legal proceedings; (e) the offender committed the offence— (i) in the case of an offence against section 63B(3)—believing that the victim of the offence was, at the time of the offence, under the age of 14 years; or (ii) in the case of an offence against Part 3 Division 8A or section 63B(1)—knowing that the victim of the offence was, at the time of the offence, under the age of 14 years; or (iii) in any other case—knowing that the victim of the offence was, at the time of the offence, under the age of 12 years; (f) the offender committed the offence knowing that the victim of the offence was, at the time of the offence, over the age of 60 years; (g) the offender committed the offence knowing that the victim of the offence was a person with whom the offender was, or was formerly, in a relationship; (ga) — (i) the offender committed the offence for the benefit of a criminal organisation, or 2 or more members of a criminal organisation, or at the direction of, or in association with, a criminal organisation; or (ii) in the course of, or in connection with, the offence the offender identified himself or herself in some way as belonging to, or otherwise being associated with, a criminal organisation (whether or not the offender did in fact belong to, or was in fact associated with, the organisation); (h) except in the case of an offence against Part 3A, the offender committed the offence in company with 1 or more other persons (including persons who are children); (ha) in the case of an offence against Division 2 or 3 of Part 5, or Part 6A—the offender committed the offence in a place in relation to which, at the time of the offence— (i) there was in force a declaration under Part 4 of the Emergency Management Act 2004; or (ii) — (A) residents and others in the place, or in the vicinity of the place, had been advised (by radio broadcast) by the CFS that, as a result of a severe, extreme or catastrophic fire danger rating in respect of the place, they should activate their bushfire survival plan; and (B) that advice had not been withdrawn or ceased to apply; or (iii) residents and others had not been able to return to the place after leaving in response to a declaration referred to in subparagraph (i) or the provision of advice referred to in subparagraph (ii), and the offender knew, ought reasonably to have known, or was reckless with respect to, that fact; (i) the offender abused a position of authority, or a position of trust, in committing the offence; (ia) in the case of an offence constituted under Part 7B where the principal offence is an aggravated offence—the principal offender was, to the knowledge of the offender under that Part, a child; (j) the offender committed the offence knowing that the victim was, at the time of the offence, in a position of particular vulnerability because of physical disability or cognitive impairment; (k) in the case of an offence against the person— (i) the victim was, to the knowledge of the offender, in a position of particular vulnerability at the time of the offence because of the nature of his or her occupation or employment; (ka) in the case of an offence against the person—the victim was, at the time of the offence, engaged in a prescribed occupation or employment (whether on a paid or volunteer basis) and the offender committed the offence knowing the victim to be acting in the course of the victim's official duties; (l) the offender was, at the time of the offence, acting in contravention of an injunction or other order of a court (made in the exercise of either state or federal jurisdiction) and the offence lay within the range of conduct that the injunction or order was designed to prevent. (1a) For the purposes of section 19A, an aggravated offence is an offence committed in 1 or more of the following circumstances: (a) the offender committed the offence in the course of attempting to escape pursuit by a police officer; (ab) the offender was, at the time of the offence, driving a motor vehicle in a street race; (b) the offender was, at the time of the offence, driving a vehicle knowing that he or she was disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that his or her licence was suspended by notice given under the Road Traffic Act 1961; (c) the offender committed the offence as part of a prolonged, persistent and deliberate course of very bad driving or vessel operation; (d) the offender committed the offence while there was present in his or her blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood; (e) the offender was, at the time of the offence, driving a vehicle in contravention of section 45A, 47 or 47BA of the Road Traffic Act 1961 or operating a vessel in contravention of section 70(1) of the Harbors and Navigation Act 1993. (1ab) For the purposes of section 19ABA(1) or (2), an aggravated offence is an offence committed in 1 or more of the following circumstances: (a) the offender was, at the time of the offence, driving a motor vehicle knowing that they were disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that their licence was suspended by notice given under the Road Traffic Act 1961; (b) the offender committed the offence while there was present in the offender's blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood; (c) the offender was, at the time of the offence, driving a motor vehicle in contravention of section 44C, 47 or 47BA of the Road Traffic Act 1961; (d) the offender was, at the time of the offence, driving or using a motor vehicle knowing that it had a material defect and that material defect contributed to the commission of the offence. (1b) For the purposes of section 19AC, an aggravated offence is an offence committed in 1 or more of the following circumstances: (a) the offender was, at the time of the offence, driving or using a motor vehicle that— (i) was stolen; or (ii) was being driven or used without the consent of the owner of the vehicle, and the offender knew, or was reckless with respect to, that fact; (b) the offender was, at the time of the offence, driving a motor vehicle knowing that he or she was disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that his or her licence was suspended by notice given under the Road Traffic Act 1961; (c) the offender committed the offence while there was present in his or her blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood; (d) the offender was, at the time of the offence, driving a motor vehicle in contravention of section 47 or 47BA of the Road Traffic Act 1961. (1c) For the purposes of section 19AD, an aggravated offence is an offence committed by the driver of a motor vehicle in 1 or more of the following circumstances: (a) the offender knew that, at the time of the offence, he or she was driving the motor vehicle in circumstances of heightened risk; (b) the offender committed the offence knowing that there were 1 or more passengers in or on the motor vehicle; (c) the offender knew, or ought reasonably to have known, that, at the time of the offence, he or she was driving a motor vehicle that had a major defect. (1d) For the purposes of section 19ADA, an aggravated offence is— (a) an offence that caused harm to a person; or (b) an offence committed by the driver of a motor vehicle in 1 or more of the following circumstances: (i) the offender was, at the time of the offence, driving or using a motor vehicle that— (A) was stolen; or (B) was being driven or used without the consent of the owner of the vehicle, and the offender knew, or was reckless with respect to, that fact; (ii) the offender committed the offence in the course of attempting to escape pursuit by a police officer; (iii) the offender committed the offence knowing that there were 1 or more passengers in or on the motor vehicle; (iv) the offender committed the offence while the offender was the holder of— (A) a provisional licence; or (B) a probationary licence; or (C) a learner's permit; or (D) an interstate provisional licence; or (E) an interstate learner's permit, (as defined in the Motor Vehicles Act 1959) authorising the holder to drive a motor vehicle of the class driven by the offender at the time of the offence; (v) the offender was not, at the time of the offence, the holder of— (A) a driver's licence; or (B) a learner's permit; or (C) an interstate licence; or (D) an interstate learner's permit; or (E) a foreign licence, (as defined in the Motor Vehicles Act 1959) authorising the holder to drive a motor vehicle of the class driven by the offender at the time of the offence; (vi) the offender was, at the time of the offence, driving a motor vehicle knowing that they were disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that their licence was suspended by notice given under the Road Traffic Act 1961; (vii) the offender committed the offence while there was present in the offender's blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood; (viii) the offender was, at the time of the offence, driving a motor vehicle in contravention of section 47 or 47BA of the Road Traffic Act 1961. (2) A person is taken to know a particular fact if the person, knowing of the possibility that it is true, is reckless as to whether it is true or not. (2a) For the purposes of subsection (1)(ga)(ii), a person will be taken to have identified himself or herself as belonging to, or as being associated with, a criminal organisation if the person displayed (whether on an article of clothing, as a tattoo or otherwise) the insignia of the criminal organisation unless the person proves that he or she did not display the insignia knowingly or recklessly. (2b) Subsection (2a) does not limit the ways in which a person may identify himself or herself as belonging to, or being associated with, a criminal organisation. (3) If a person is charged with an aggravated offence, the circumstances alleged to aggravate the offence must be stated in the instrument of charge. (4) If a jury finds a person guilty of an aggravated offence, and 2 or more aggravating factors are alleged in the instrument of charge, the jury must state which of the aggravating factors it finds to have been established (but a failure to comply with this subsection does not affect the validity of the jury's verdict). (4a) Two people will be taken to be in a relationship for the purposes of subsection (1)(g) if— (a) they are married to each other; or (b) they are domestic partners; or (c) they are in some other form of intimate personal relationship in which their lives are interrelated and the actions of 1 affects the other; or (d) 1 is the child, stepchild or grandchild, or is under the guardianship, of the other (regardless of age); or (e) 1 is a child, stepchild or grandchild, or is under the guardianship, of a person who is or was formerly in a relationship with the other under paragraph (a), (b) or (c) (regardless of age); or (f) 1 is a child and the other is a person who acts in loco parentis in relation to the child; or (g) 1 is a child who normally or regularly resides or stays with the other; or (h) they are brothers or sisters or brother and sister; or (i) they are otherwise related to each other by or through blood, marriage, a domestic partnership or adoption; or (j) they are related according to Aboriginal or Torres Strait Islander kinship rules or are both members of some other culturally recognised family group; or (k) 1 is the carer (within the meaning of the Carers Recognition Act 2005) of the other. (5) In this section— CFS means the South Australian Country Fire Service; child means a person under 18 years of age; circumstances of heightened risk, in relation to the driving of a motor vehicle, means— (a) driving the motor vehicle between sunset on one day and sunrise on the next day; or (b) driving the motor vehicle in circumstances where traction between the vehicle and the surface being driven on is adversely affected; or (c) driving the motor vehicle in circumstances where visibility is adversely affected; cognitive impairment includes— (a) a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder); (b) an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder); (c) a mental illness; harm has the same meaning as in section 21; major defect—a motor vehicle has a major defect if use of the motor vehicle constitutes a serious risk to the safety of any person; material defect—a motor vehicle has a material defect if it has a defect that could affect the safe operation of the vehicle; street race has the meaning given in section 19AD. (6) This section does not prevent a court from taking into account, in the usual way, the circumstances of and surrounding the commission of an offence for the purpose of determining sentence. Examples— 1 A person is charged with a basic offence and the court finds that the offence was committed in circumstances that would have justified a charge of the offence in its aggravated form. In this case, the court may, in sentencing, take into account the circumstances of aggravation for the purpose of determining penalty but must (of course) fix a penalty within the limits appropriate to the basic offence. 2 A person is charged with an aggravated offence and the court finds a number (but not all) of the circumstances alleged in the instrument of charge to aggravate the offence have been established. In this case, the court may, in sentencing, take into account the established circumstances of and surrounding the aggravated offence (whether alleged in the instrument of charge or not) but must not (of course) take account of circumstances alleged in the instrument of charge that were not established. 5A—Abolition of capital punishment (1) Notwithstanding any provision of any Act or law, no sentence of death shall be— (a) imposed on, or recorded against, any person; or (b) carried into execution on any person. (2) Where any person is liable to sentence of death under any Act or law, the court before which that person is convicted shall, instead of sentencing him to death, sentence him to be imprisoned for life. (3) Any sentence of death that was imposed or recorded before the commencement of the Statutes Amendment (Capital Punishment Abolition) Act 1976 shall (whether or not that sentence has been commuted to a sentence of imprisonment for life) be deemed to be a sentence of imprisonment for life imposed by a court of competent jurisdiction. (4) Any direction or order made by the Governor on, or in relation to, the commutation of a sentence of death to a sentence of imprisonment for life shall be deemed to be a direction or order given or made by a court of competent jurisdiction. 5B—Proof of lawful authority or lawful or reasonable excuse In proceedings for an offence against this Act in which it is material to establish whether an act was done with or without lawful authority, lawful excuse or reasonable excuse the onus of proving the authority or excuse lies on the defendant and in the absence of such proof it will be presumed that no such authority or excuse exists. 5D—Abolition of historical classifications (1) The classification of offences as felonies is abolished. (2) The classification of offences as misdemeanours is abolished. Part 1A—Territorial application of the criminal law 5E—Interpretation (1) In this Part— necessary territorial nexus—see section 5G(2); State includes the Northern Territory and the Australian Capital Territory; relevant act in relation to an offence means— (a) an act or omission that is, or causes or contributes to, an element of the offence; or (b) an act or omission that is, or causes or contributes to, something that would, assuming the necessary territorial nexus existed, be an element of the offence; or (c) a state of affairs that is an element of the offence, or would, assuming the necessary territorial nexus existed, be an element of the offence. (2) The question whether the necessary territorial nexus exists in relation to an alleged offence is a question of fact to be determined, where a court sits with a jury, by the jury. 5F—Application (1) The law of this State operates extra-territorially to the extent contemplated by this Part. (2) However— (a) this Part does not operate to extend the operation of a law that is expressly or by necessary implication limited in its application to this State or a particular part of this State; and (b) this Part operates subject to any other specific provision as to the territorial application of the law of the State; and (c) this Part is in addition to, and does not derogate from, any other law providing for the extra-territorial operation of the criminal law.1 Note— 1 For example, the Crimes at Sea Act 1998. 5G—Territorial requirements for commission of offence against a law of this State (1) An offence against a law of this State is committed if— (a) all elements necessary to constitute the offence (disregarding territorial considerations) exist; and (b) the necessary territorial nexus exists. (2) The necessary territorial nexus exists if— (a) a relevant act occurred wholly or partly in this State; or (b) it is not possible to establish whether any of the relevant acts giving rise to the alleged offence occurred within or outside this State but the alleged offence caused harm or a threat of harm in this State; or (c) although no relevant act occurred in this State— (i) the alleged offence caused harm or a threat of harm in this State and the relevant acts that gave rise to the alleged offence also gave rise to an offence against the law of a jurisdiction in which the relevant acts, or at least one of them, occurred; or (ii) the alleged offence caused harm or a threat of harm in this State and the harm, or the threat, is sufficiently serious to justify the imposition of a criminal penalty under the law of this State; or (iii) the relevant acts that gave rise to the alleged offence also gave rise to an offence against the law of a jurisdiction in which the relevant acts, or at least one of them, occurred and the alleged offender was in this State when the relevant acts, or at least one of them, occurred; or (d) the alleged offence is a conspiracy to commit, an attempt to commit, or in some other way preparatory to the commission of another offence for which the necessary territorial nexus would exist under one or more of the above paragraphs if it (the other offence) were committed as contemplated. 5H—Procedural provisions (1) In proceedings for an offence against a law of the State, the existence of the necessary territorial nexus will be presumed and the presumption is conclusive unless rebutted under subsection (2). (2) If a person charged with an offence disputes the existence of the necessary territorial nexus, the court will proceed with the trial of the offence in the usual way and if at the conclusion of the trial, the court is satisfied, on the balance of probabilities, that the necessary territorial nexus does not exist, it must, subject to subsection (3), make a finding to that effect and the charge will be dismissed. (3) If the court would, disregarding territorial considerations, find the person not guilty of the offence, the court must— (a) if the finding is based on the defendant's mental impairment—record a finding of not guilty on the ground of mental impairment; and (b) in any other case—record a finding of not guilty. (4) The issue of whether the necessary territorial nexus exists must, if raised before the trial, be reserved for consideration at the trial. (5) A power or authority exercisable on reasonable suspicion that an offence has been committed may be exercised in the State if the person in whom the power or authority is vested suspects on reasonable grounds that the elements necessary to constitute the offence exist (whether or not that person suspects or has any ground to suspect that the necessary territorial nexus exists). 5I—Double criminality (1) If— (a) an offence against the law of another State (the external offence) is committed wholly or partly in this State; and (b) a corresponding offence (the local offence) exists under the law of this State, an offence (an auxiliary offence) arises under the law of this State. (2) The maximum penalty for an auxiliary offence is the maximum penalty for the external offence or the maximum penalty for the local offence (whichever is the lesser). (3) If a person is charged with an offence (but not specifically an auxiliary offence) and the court finds that the defendant has not committed the offence as charged but has committed the relevant auxiliary offence, the court may make or return a finding that the defendant is guilty of the auxiliary offence. Part 2—Treason 6—Repeal The Acts 36 George III C. 7 and 57 George III C. 6 of the Imperial Parliament, except those provisions which relate to the compassing, imagining, inventing, devising or intending of the death or destruction, or any bodily harm tending to the death or destruction, maiming or wounding, imprisonment or restraint, of the person of Her Majesty, and the expressing, uttering or declaring of such compassings, imaginations, inventions, devices or intentions, are repealed. 7—Treason Any person who compasses, imagines, invents, devises or intends— (a) to deprive or depose Her Majesty from the style, honour or Royal name of the Imperial Crown of the United Kingdom or of any other of Her Majesty's dominions and countries; or (b) to levy war against Her Majesty within any part of the United Kingdom or any other of Her Majesty's dominions in order— (i) by force or constraint, to compel Her to change Her measures or counsels; or (ii) to put any force or constraint on, or to intimidate or overawe, both Houses or either House of the Parliament of the United Kingdom or the Parliament of this State; or (c) to move or stir any foreigner or stranger with force to invade the United Kingdom or any other of Her Majesty's dominions or countries under the obeisance of Her Majesty, and expresses, utters or declares such compassings, imaginations, inventions, devices or intentions by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed, shall be guilty of an offence and liable to be imprisoned for life or for a term of not less than six months. 8—Time within which prosecution shall be commenced and warrant issued (1) No person shall be prosecuted under section 7 in respect of any compassings, imaginations, inventions, devices or intentions which are expressed, uttered or declared by open and advised speaking only, unless— (a) information of the compassings, imaginations, inventions, devices or intentions and of the words by which they were expressed, uttered or declared is given on oath to a justice within six days after the words were spoken; and (b) a warrant for the apprehension of the person by whom the words were spoken is issued within ten days after that information was given. (2) No person shall be convicted of any such compassings, imaginations, inventions, devices or intentions which are expressed, uttered or declared by open or advised speaking except on his own confession in open court or unless the words so spoken are proved by two credible witnesses. 9—In informations more than one overt act may be charged (1) It shall be lawful in any information under section 7 to charge against the offender any number of the matters, acts or deeds by which the compassings, imaginations, inventions, devices or intentions were expressed, uttered or declared. (2) If the facts or matters alleged in an information under section 7 amount in law to treason, the information shall not for that reason be deemed void, erroneous or defective and, if the facts or matters proved on the trial of any person so informed against amount in law to treason, the accused person shall not for that reason be entitled to be acquitted of the offence charged, but no person tried for that offence shall be afterwards prosecuted for treason on the same facts. 10—Nothing herein to affect 25 Edward III Stat. 5, c. 2 The provisions of this Part shall not lessen the force of, or in any manner affect, anything enacted by the Statute passed in the twenty-fifth year of King Edward the Third: "A Declaration which Offences shall be adjudged Treason". 10A—Penalty for treason Any person who is convicted of treason shall be imprisoned for life. Part 3—Offences against the person etc Division 1—Homicide 11—Murder Any person who commits murder shall be guilty of an offence and shall be imprisoned for life. 12—Conspiring or soliciting to commit murder Any person who— (a) conspires, confederates and agrees with any other person to murder any person, whether he is a subject of Her Majesty or not and whether he is within the Queen's dominions or not; (b) solicits, encourages, persuades or endeavours to persuade, or proposes to, any person to murder any other person, whether he is a subject of Her Majesty or not and whether he is within the Queen's dominions or not, shall be guilty of an offence and liable to be imprisoned for life. 12A—Causing death by an intentional act of violence A person who commits an intentional act of violence while acting in the course or furtherance of a major indictable offence punishable by imprisonment for ten years or more, and thus causes the death of another, is guilty of murder. 13—Manslaughter (1) Any person who is convicted of manslaughter shall be liable to be imprisoned for life or to pay such fine as the court awards or to both such imprisonment and fine. (2) If a court convicting a person of manslaughter is satisfied that the victim's death was caused by the convicted person's use of a motor vehicle, the court must order that the person be disqualified from holding or obtaining a driver's licence for 10 years or such longer period as the court orders. (3) Where a convicted person is disqualified from holding or obtaining a driver's licence— (a) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and (b) the disqualification may not be reduced or mitigated in any way or be substituted by any other penalty or sentence. 13A—Criminal liability in relation to suicide (1) It is not an offence to commit or attempt to commit suicide. (2) Notwithstanding the provisions of subsection (1), a person who finds another committing or about to commit an act which he believes on reasonable grounds would, if committed or completed, result in suicide is justified in using reasonable force to prevent the commission or completion of the act. (3) If on the trial of a person for the murder of another the jury is satisfied that the accused killed the other, or was a party to the other being killed by a third person, but is further satisfied that the acts or omissions alleged against the accused were done or made in pursuance of a suicide pact with the person killed, then, subject to subsection (11), the jury shall not find the accused guilty of murder but may bring in a verdict of manslaughter. (4) The killing of another or an attempt to kill another in pursuance of a suicide pact shall, for the purposes of determining the criminal liability of a person who was a party to the killing or attempt but not a party to the suicide pact, be regarded as murder or attempted murder, as the case may require. (5) A person who aids, abets or counsels the suicide of another, or an attempt by another to commit suicide, shall be guilty of an indictable offence. (6) The penalty for an offence against subsection (5) shall be— (a) subject to paragraph (b)— (i) where suicide was committed—imprisonment for a term not exceeding fourteen years; (ii) where suicide was attempted—imprisonment for a term not exceeding eight years; (b) where the convicted person committed the offence in pursuance of a suicide pact and— (i) suicide was committed—imprisonment for a term not exceeding five years; (ii) suicide was attempted—imprisonment for a term not exceeding two years. (7) A person who, by fraud, duress or undue influence, procures the suicide of another or an attempt by another to commit suicide shall (whether or not he was a party to a suicide pact with the other person) be guilty of murder or attempted murder, as the case may require. (8) If on the trial of a person for murder or attempted murder the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that he is guilty of an offence against subsection (5), the jury may bring in a verdict that he is guilty of an offence against that subsection. (9) In any criminal proceedings in which it is material to establish the existence of a suicide pact and whether an act was done, or an omission made, in pursuance of the pact, the onus of proving the existence of the pact and that the act was done, or the omission made, in pursuance of the pact shall lie on the accused. (10) For the purposes of this section— (a) suicide pact means an agreement between two or more persons having for its object the death of all of them whether or not each is to take his own life; and (b) nothing done or omitted to be done by a person who enters into a suicide pact shall be treated as done or omitted to be done in pursuance of the pact unless it is done or omitted to be done while he has the settled intention of dying in pursuance of the pact. (11) Where a person induced another to enter into a suicide pact by means of fraud, duress or undue influence, the person is not entitled in relation to an offence against the other to any mitigation of criminal liability or penalty under this section based on the existence of the pact. (12) To avoid doubt, the death of a person by the administration of a voluntary assisted dying substance in accordance with the Voluntary Assisted Dying Act 2021 does not constitute suicide. Note— See section 6 of the Voluntary Assisted Dying Act 2021. Division 1A—Criminal neglect etc 13B—Interpretation (1) In this Division— act includes— (a) an omission; and (b) a course of conduct; child means a person under 16 years of age; cognitive impairment includes— (a) a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder); (b) an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder); (c) a mental illness; vulnerable adult means a person aged 16 years or above who is significantly impaired through physical disability, cognitive impairment, illness or infirmity. (2) Subject to subsection (3), in this Division the following terms and phrases have the same meaning as in Division 7A: (a) cause; (b) harm. (3) For the purposes of this Division, a reference to harm will be taken to include detriment caused to the physical, mental or emotional wellbeing or development of a child or vulnerable adult (whether temporary or permanent). (4) For the purposes of this Division, a defendant has a duty of care to a victim if the defendant is a parent or guardian of the victim or has assumed responsibility for the victim's care. 14—Criminal neglect (1) A person (the defendant) is guilty of the offence of criminal neglect if— (a) a child or a vulnerable adult (the victim) dies or suffers harm as a result of an act; and (b) the defendant had, at the time of the act, a duty of care to the victim; and (c) the defendant was, or ought to have been, aware that there was an appreciable risk that harm would be caused to the victim by the act; and (d) the defendant failed to take steps that he or she could reasonably be expected to have taken in the circumstances to protect the victim from harm and the defendant's failure to do so was, in the circumstances, so serious that a criminal penalty is warranted. Maximum penalty: (a) where the victim dies—imprisonment for life; or (b) in any other case—imprisonment for 15 years. (2) If a jury considering a charge of criminal neglect against a defendant finds that— (a) there is reasonable doubt as to the identity of the person who committed the act that caused the victim's death or harm; but (b) the act can only have been the act of the defendant or some other person who, on the evidence, may have committed the act, the jury may find the defendant guilty of the charge of criminal neglect even though of the opinion that the act may have been the act of the defendant. (3) If a defendant is charged with an offence against this section in respect of a course of conduct— (a) it is not necessary to prove that the defendant was, or ought to have been, aware that there was an appreciable risk that harm would be caused to the victim by each act making up the course of conduct; and (b) the information need not— (i) allege particulars of each act with the degree of particularity that would be required if the act were charged as an offence under a different section of this or any other Act; or (ii) identify particular acts or the occasions on which, places at which or order in which acts occurred; or (iii) identify particular acts as causing, wholly or partly, particular harm to the victim. (4) A defendant may be charged with an offence against this section in respect of a course of conduct even if some of the acts making up the course of conduct occurred before the commencement of this section. 14A—Failing to provide food etc in certain circumstances If— (a) a person is liable to provide necessary food, clothing or accommodation to a child or vulnerable adult; and (b) the person, without lawful excuse, fails to provide that food, clothing or accommodation, that person is guilty of an offence. Maximum penalty: Imprisonment for 3 years. Division 2—Defences 14B—Abolition of certain common law defences (1) The following common law defences are abolished: (a) provocation; (b) necessity; (c) duress; (d) marital coercion. (2) To avoid doubt, the common law defences abolished by subsection (1) remain available in respect of offences allegedly committed before the commencement of that subsection. 15—Self defence (1) It is a defence to a charge of an offence if— (a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; and (b) the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist1. (2) It is a partial defence to a charge of murder (reducing the offence to manslaughter) if— (a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; but (b) the conduct was not, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist.2 (3) For the purposes of this section, a person acts for a defensive purpose if the person acts— (a) in self defence or in defence of another; or (b) to prevent or terminate the unlawful imprisonment of himself, herself or another. (4) However, if a person— (a) resists another who is purporting to exercise a power of arrest or some other power of law enforcement; or (b) resists another who is acting in response to an unlawful act against person or property committed by the person or to which the person is a party, the person will not be taken to be acting for a defensive purpose unless the person genuinely believes, on reasonable grounds, that the other person is acting unlawfully. (5) If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt. Notes— 1 See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, this paragraph will be inapplicable. 2 See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, the defendant will be entitled to a complete defence. 15A—Defence of property etc (1) It is a defence to a charge of an offence if— (a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable— (i) to protect property from unlawful appropriation, destruction, damage or interference; or (ii) to prevent criminal trespass to land or premises, or to remove from land or premises a person who is committing a criminal trespass; or (iii) to make or assist in the lawful arrest of an offender or alleged offender or a person who is unlawfully at large; and (b) if the conduct resulted in death—the defendant did not intend to cause death nor did the defendant act recklessly realising that the conduct could result in death; and (c) the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist1. (2) It is a partial defence to a charge of murder (reducing the offence to manslaughter) if— (a) the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable— (i) to protect property from unlawful appropriation, destruction, damage or interference; or (ii) to prevent criminal trespass to land or premises, or to remove from land or premises a person who is committing a criminal trespass; or (iii) to make or assist in the lawful arrest of an offender or alleged offender or a person who is unlawfully at large; and (b) the defendant did not intend to cause death; but (c) the conduct was not, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist.2 (3) For the purposes of this section, a person commits a criminal trespass if the person trespasses on land or premises— (a) with the intention of committing an offence against a person or property (or both); or (b) in circumstances where the trespass itself constitutes an offence or is an element of the offence. (4) If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt. Notes— 1 See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, this paragraph will be inapplicable. 2 See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, the defendant will be entitled to a complete defence. 15B—Reasonableness etc where offence committed in circumstances of family violence (1) A requirement under this Division that the defendant's conduct be (objectively) reasonably proportionate to the threat that the defendant genuinely believed to exist does not imply that the force used by the defendant cannot exceed the force used against him or her. (2) In a trial for an offence in which the defendant raises a defence under this Division, the question of whether— (a) the defendant genuinely believed that particular conduct was necessary and reasonable (either for a defensive purpose or for the purposes referred to in section 15A(1)(a)); or (b) particular conduct was reasonably proportionate to a particular threat; or (c) the defendant reasonably believed that a particular threat would be carried out; or (d) the defendant reasonably believed that particular conduct was the only reasonable way a particular threat could be avoided; or (e) particular conduct was a reasonable response to a particular threat, is, if the defendant asserts that the offence occurred in circumstances of family violence, to be determined having regard to any evidence of family violence admitted in the course of the trial. (3) In this section— circumstances of family violence has the same meaning as in section 34V of the Evidence Act 1929; evidence of family violence has the same meaning as in section 34W of the Evidence Act 1929. 15C—Requirement of reasona