Unlawful Striking Causing Death

Maximum penalty: Life Imprisonment

The charge of Unlawful Striking Causing Death was introduced with the Safe Night Out Amendment Act 2014 and associated “one punch can kill” advertising campaign. Prior to these legislative changes, a person who threw a punch which caused the death of a person could not be successfully prosecuted for murder or manslaughter, given the deaths were unintended, or, in some cases, not a reasonably foreseeable outcome of throwing a single punch.  Accordingly, the new Unlawful Striking Causing Death offence was introduced to mitigate the rise in alcohol fueled violence and subsequent fatalities resulting from a “coward punch” or “one punch” to the head or neck of a person.  The offence carries severe penalties for a person convicted, even if they have never been in trouble with police before, reflecting the gravity of actions that lead to fatal outcomes, even where the death of another person was not intended. 

What is Unlawful Striking Causing Death?

Section 314A of the Criminal Code (Qld) makes it an offence to unlawfully strike another person to the head or neck and cause the death of the other person.  This offence is a serious criminal offence and is often charged where a person has either intentionally or recklessly struck another person, and the strike has in some way caused, or resulted in, the other person’s death.  

The following acts constitute Unlawful Striking Causing Death:

• Throwing a single “coward punch” to the back of a person’s head when they are walking away, which then causes them to fall and hit their head on the pavement, and where the person later dies from a head injury. 

• Doing a martial arts style kick which hits a person in the jaw and causes them to collapse immediately and later die from a traumatic brain injury. 

• Throwing a punch which hits another person in the neck or throat area, where the force of the blow causes the victim to be unable to breathe, lose consciousness and later die. 

What Must Be Proven?

For a person to be found guilty of Unlawful Striking Causing Death, the prosecution must prove each of the following matters beyond a reasonable doubt:

1 – The Defendant struck the Deceased to the head or neck; 

• To have “struck” a person, the law says they must have directly applied force to the person by punching or kicking or by otherwise hitting using any party of the body, with or without the use of a dangerous or offensive weapon or instrument.

2 – The striking caused (either directly or indirectly) the death of the Deceased; and

3 – The striking was unlawful (not justified, authorised, or excused by law or by the application of some lawful defence)

If the prosecution is unable to prove each of the above elements, the accused person should be found ‘not guilty’. 

Which Court Will Hear the Matter?

Like all charges in Queensland, the offence of Unlawful Striking Causing Death will commence in the Magistrates Court.  However, given the nature and seriousness of the offence, the charge must be committed up to the Supreme Court of Queensland, where it can then be finalised by way of a trial, or a sentence. 

Possible Defences to Unlawful Striking Causing Death

The following defences or arguments may be available to contest a charge Unlawful Striking Causing Death charge:

• Self defence 

• Under section 271 of the Criminal Code (Qld), a person who is the victim of an unprovoked assault is entitled to use such force to their assailant as is reasonably necessary to make an effectual defence against the assault, provided the level of force used is not intended, and likely, to cause death or grievous bodily harm.

• The strike occurred in the context of a socially acceptable function or activity

• Section 314A(4) creates a specific defence for the charge of Unlawful Striking Causing Death.  Put simply, if the strike which causes the death is done as a part of socially acceptable function or activity (for example, while taking part in a game of football, or some other sport), and the strike was reasonable in the circumstances, the person will not be criminally responsible for the offence. 

Common Questions about Unlawful Striking Causing Death

Will I go to gaol for an Unlawful Striking Causing Death charge?

The following is a list of potential sentences a Queensland Court can make (in order of seriousness, from least serious to most serious):

• Convict and not further punish
• Release upon entering into a recognisance, with no conviction recorded (also known as a Good Behaviour Bond)
• A monetary fine
• Probation 
• Community Service
• An Intensive Corrections Order
• Suspended Orders of Imprisonment
• Imprisonment 

In Queensland, if a person commits an offence of violence, the sentencing principle that ‘imprisonment is a sentence of last resort’ does not apply.  It is common for people who are convicted of the offence of Unlawful Striking Causing Death to receive imprisonment as a sentence, even if they have no previous criminal history for offences of violence, or any other type of offence. 

In most cases for other types of offences, judicial officers will have discretion to order that a sentence of imprisonment can be served in a variety of ways, including wholly and partially suspended sentences, or with immediate release on parole, or parole release after a third of the term of imprisonment has been served. However, if a person is convicted of Unlawful Striking Causing Death, section 314A(5) of the Criminal Code (Qld) requires that the court must order that the person cannot be released from custody until they have served  the lesser of  80% of their term of imprisonment or 15 years.

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely.  In Queensland, any time the court orders a term of imprisonment for an offence (even if the imprisonment is wholly suspended, or the person is granted immediate parole) the court must record a conviction. This means the offence will appear on the person’s court outcomes, and the person will have recorded criminal history. 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for an offence of Unlawful Striking Causing Death might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

If you are contacted by police and they want to talk to you about a charge of Unlawful Striking Causing Death, or if you are charged with this offence or any other criminal matter, it’s important you receive good advice at the earliest opportunity and before speaking with police or anyone else about the matter.   

Armstrong Legal provides expert legal advice and representation for offences of this nature. Contact Armstrong Legal now to arrange an obligation free consultation.