Victorian Numbered Acts

CRIMES (HOMICIDE) ACT 2005 (NO 77 OF 2005) - SECT 4

Before section 5 of the Crimes Act 1958 insert —

        '4.     Alternative verdict of defensive homicide on charge for murder

    (1)     If on the trial of a person for murder the jury are not satisfied that he or she is guilty of murder but are satisfied that he or she is guilty of an offence against section 9AD (defensive homicide), the jury may acquit the accused of murder and find him or her guilty of defensive homicide and he or she is liable to punishment accordingly.

    (2)     This section does not restrict the operation of section 6, 10(3) or 421.

    Note:     See section 9AC for "self-defence" exception to murder.'.