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Setting traps to kill
Setting traps to kill
ADLA member for - VIC
Written by
Paul McClure
Criminal Defence Lawyer
Assaults / Violence Offences - VIC
The Law - Setting traps to kill
What the Law states - Setting traps to kill
Section 25. Crimes Act 1958 Setting traps etc. to kill
25. Setting traps etc. to kill
A person who sets a trap or device with the intention of killing another person (whether a trespasser or not) or being reckless as to whether or not another person (whether a trespasser or not) is killed is guilty of an indictable offence.
Maximum Penalty in Victoria
15 years imprisonment
What the Prosecution must prove - Setting traps to kill - Vic
(a) The accused set a trap or device.
(b) The accused did so either with the intention of killing another person or recklessly as to whether or not another person would be killed.
Possible Defences - Setting traps to kill
(a) Duress.
(b) Factual dispute.
(c) Lack of intent.
(d) Mental impairment.
(e) No recklessness.
Which court will hear the charge of Setting traps to kill
County Court.
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
