Suicide Pact

Is Suicide a Crime in Victoria? 

If you are asking, “Is suicide a crime in Victoria?”, the short answer is no. Suicide and attempted suicide are not criminal offences under Victorian law. However, assisting, encouraging or being involved in another person’s suicide can still attract serious criminal charges.

This article explains the law in Victoria, including suicide pacts, the partial defence to murder, penalties, and how these laws interact with voluntary assisted dying legislation.

Is Suicide Illegal in Victoria?

Under section 6A of the Crimes Act 1958, suicide and attempted suicide are not criminal offences in Victoria. This provision abolished the historical offence that once treated suicide as a crime.

This means that a person who attempts to take their own life does not commit a criminal offence. Modern Victorian law recognises suicide as a public health and mental health issue rather than a matter for criminal punishment.

Victoria follows the broader Australian approach, where suicide itself has been decriminalised across all states and territories.

Is Assisting Suicide a Crime in Victoria?

Although suicide is not illegal, assisting or encouraging another person to commit suicide remains a criminal offence in Victoria.

Section 6B(2) of the Crimes Act 1958 makes it an indictable offence to:

• Incite another person to commit suicide if the other person does so or attempts to do so
• Aid or abet another person to commit suicide if the other person does so or attempts to do so
• Be a party to a suicide pact

The maximum penalty for these offences is five years’ imprisonment.

This means that actively encouraging someone to end their life, providing assistance, or otherwise facilitating the act can result in prosecution if the other person attempts or completes suicide.

The law draws a clear distinction between a person acting alone and someone contributing to another person’s death.

What Is a Suicide Pact?

A suicide pact is defined as an agreement between two or more people that they will all die by suicide. The key feature is that the agreement must involve a shared intention that all parties will die.

The pact does not require each person to physically carry out their own act. One person may assist the other as part of the agreement. What matters is that there is a genuine agreement to seek the death of all involved.

Timing is also relevant. The acts will usually occur close together in time, though they do not need to be simultaneous.

The Suicide Pact Defence in Victoria

Victoria recognises a suicide pact as a partial defence to murder.

Under section 6B(1) of the Crimes Act 1958, if a person kills another pursuant to a suicide pact and survives, they may be convicted of manslaughter rather than murder.

This is not a full defence. It does not result in an acquittal. Instead, it reduces liability from murder to manslaughter if specific legal requirements are satisfied.

How the Defence Operates

For a verdict of manslaughter by suicide pact to be returned:

1. The prosecution must first prove the elements of murder beyond reasonable doubt.
2. The accused must then prove, on the balance of probabilities, that the killing occurred pursuant to a suicide pact.

This means the accused bears the legal burden of establishing the existence and operation of the pact. If the defence fails to establish this, a murder conviction may follow.

Elements of the Suicide Pact Defence

To rely on the suicide pact defence successfully, the accused must prove:

• There was a genuine agreement between the accused and the deceased to seek the death of all parties
• The accused caused the death in accordance with that agreement
• At the time of causing the death, the accused intended to die pursuant to the pact.

   

If any of these elements are not proven on the balance of probabilities, the partial defence will fail.

The Victorian case of R v Sciretta [1977] VR 139 confirms that under section 6B(1) of the Crimes Act 1958 (Vic), if the accused does not establish on the balance of probabilities that the killing occurred pursuant to a suicide pact, the charge remains murder. 

Importantly, an honest but mistaken belief that there was a suicide pact is not sufficient. There must also be proof that the accused was a party to the pact. Section 6B(3) of the Crimes Act states that a person who was not a party to the suicide pact cannot rely on the partial defence simply because they knew of it.

Additionally, merely passively allowing someone to take their own life does not necessarily amount to being a party to a suicide pact. There must be a genuine agreement.

Penalties for Manslaughter by Suicide Pact

Manslaughter arising from a suicide pact carries a lower maximum penalty than ordinary manslaughter.

Under section 6B(1A) of the Crimes Act 1958, the maximum penalty is 10 years imprisonment.

By contrast, the maximum penalty for manslaughter generally under section 5 of the same Act is 25 years imprisonment.

The sentencing court will consider the specific facts, including the circumstances of the agreement, the level of planning, the mental state of the accused, and other relevant factors.

Charges Related to Suicide in Victoria

Even if the suicide pact defence does not apply, other offences may arise under section 6B(2).

A person may be charged if they:

• Incite another person to commit suicide
• Aid or abet another person to commit suicide
• Participate in a suicide pact

   

These offences apply whether or not the accused directly caused the death. For example, encouraging a vulnerable person to take their life could fall within the scope of the provision if the person attempts or completes suicide.

The maximum penalty for these offences is five years’ imprisonment.

Voluntary Assisted Dying in Victoria

Victoria was the first Australian state to legalise voluntary assisted dying under the Voluntary Assisted Dying Act 2017.

Since 19 June 2019, eligible adults with a terminal illness who meet strict criteria may access voluntary assisted dying through a highly regulated process.

This regime is legally distinct from criminal offences relating to assisting suicide. Where medical practitioners and patients comply with the requirements of the Voluntary Assisted Dying Act, criminal liability under the Crimes Act does not apply.

The safeguards include:

• Eligibility criteria relating to terminal illness and prognosis
• Multiple independent medical assessments
• Voluntary and informed decision making
• Waiting periods and formal requests

Assistance provided outside this statutory framework may still amount to a criminal offence.

Why the Distinction Matters

The distinction between suicide, assisting suicide, and voluntary assisted dying is significant under Victorian criminal law.

• Suicide itself is not a crime.
• Assisting or encouraging suicide remains criminal.
• Killing someone pursuant to a suicide pact may reduce murder to manslaughter if strict elements are proven.
• Voluntary assisted dying is lawful only within the specific legislative framework.

Each situation is treated differently depending on the facts and the statutory provisions engaged.

Conclusion

So, is suicide a crime in Victoria? No. Section 6A of the Crimes Act 1958 makes clear that suicide and attempted suicide are not offences.

However, assisting, inciting or participating in another person’s suicide can result in serious criminal liability. The law also provides a limited partial defence where a death occurs pursuant to a genuine suicide pact, reducing murder to manslaughter if proven.

Because these matters involve complex statutory provisions and serious potential penalties, anyone facing investigation or charges relating to suicide offences in Victoria should obtain specialist criminal law advice immediately.

If this topic raises personal concerns for you or someone you know, professional support services are available in Victoria.