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Setting traps to kill

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


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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.
Appeal Setting traps to kill Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne