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Division 01 - Homicide and Related 0ffences

The unlawful killing, attempted unlawful killing or conspiracy to kill another person.

This Division is further disaggregated into subdivisions on the basis of the level of culpability involved as reflected by:

• a criminal intent in the form of either an intent to kill or to commit a crime leading to the killing of another person; or

• the degree of involvement in the physical act of killing another person.

011 Murder
012 Conspiracies and Attempts to Murder
013 Manslaughter and Driving Causing Death

Inclusions:
Killing on provocation
Killing an unborn child
Accelerating death
Where injury or death might be prevented by proper precaution
Death caused by an act or omission during surgical or medical treatment

Exclusions:
The procuration and/or committing of an illegal abortion is excluded from this division as in legal terms it is not treated as a homicide. It is coded to Group 1695, Procure or Commit Illegal Abortion

The unlawful killing of another person where there is either the intent to kill, the intent to cause grievous bodily harm, with the knowledge that it was probable that death or grievous bodily harm would occur (reckless indifference to life), or without intent to kill in the course of committing a crime (felony murder).

This subdivision is not further disaggregated.

Offences in this subdivision are classified into the following group:

0111 Murder

0111 Murder
The unlawful killing of another person where there is either the intent to kill, the intent to cause grievous bodily harm, with the knowledge that it was probable that death or grievous bodily harm would occur (reckless indifference to life), or without intent to kill in the course of committing a crime (felony murder).

Exclusions:
Aiding suicide. This is coded to Group 0131, Manslaughter
Infanticide. This is coded to Group 0131, Manslaughter
Illegal abortion. This is coded to Group 1695, Procure or Commit Illegal Abortion

The agreement or soliciting of an agreement to unlawfully kill, or the attempted unlawful killing of another person, where there is either the intent to kill or to cause grievous bodily harm with the knowledge that it was probable that death or grievous bodily harm would occur (reckless indifference to life).

This subdivision is further disaggregated on the basis of whether or not conspiracy was involved.

Offences in this subdivision are classified into the following groups:

0121 Conspiracy to Murder
0122 Attempted Murder

0121 Conspiracy to Murder
The agreement or soliciting of an agreement to unlawfully kill another person.

Exclusions:
Conspiracy to procure an illegal abortion. This is coded to Group 1695, Procure or Commit Illegal Abortion

0122 Attempted Murder
The attempted unlawful killing of another person where there is either the intent to kill or to cause grievous bodily harm with the knowledge that it was probable that death or grievous bodily harm would occur (reckless indifference to life) but where death did not actually occur.

Exclusions:
Inflict injury where there was not an intent to kill the other person. This is coded to Division 02, Acts Intended to Cause Injury

The unlawful killing of another person while deprived of the power of self-control by provocation or under circumstances amounting to diminished responsibility or without intent to kill, either as a result of a careless, reckless, negligent, unlawful or dangerous act.

This subdivision is further disaggregated on the basis of the means by which death resulted.

Offences in this subdivision are classified into the following groups:

0131 Manslaughter
0132 Driving Causing Death

0131 Manslaughter
The unlawful killing of another person while deprived of the power of self-control by provocation or under circumstances amounting to diminished responsibility or without intent to kill, as a result of a careless, reckless, negligent, unlawful or dangerous act (other than the act of driving).

Inclusions:
The killing of an unborn child, infanticide
Killing by the use of excessive force in self-defence
Survive suicide pact
Assist in suicide of another person

Exclusions:
Breaches of Euthanasia Legislation not amounting to actual assistance. These are coded to Group 1329, Regulated Public Order Offences, nec
Commit illegal abortion. This is coded to Group 1695, Procure or Commit Illegal Abortion

0132 Driving Causing Death
The unlawful killing of another person without intent to kill, as a result of culpable, dangerous, reckless, or negligent driving.

Inclusions:
Death caused by a driver under the influence of alcohol/drugs