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The Crimes Act 1900 is a New South Wales statute that codifies the common law crimes for the state of New South Wales in Australia. Along with the Crimes Act 1914 and the Federal Criminal Code Act 1995 (both federal), these two pieces of legislation form the majority of criminal law for New South Wales. As it is the major criminal law statute for New South Wales, it is an extensive legal document of 582 different sections,〔(CRIMES ACT 1900 )〕 which define an extensive list of offences under New South Wales law. ==Murder law== For a person to be guilty of murder, the prosecution must prove the actus reus and mens rea for murder under NSW law.〔See Crimes Act 1900 (NSW) s 18(1)(a). Available at http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s18.html〕 The actus reus (the act) of murder is evident - A causes B's death. The most culpable mens rea for murder is intent to kill.〔See ''Crimes Act 1900'' (NSW) s 18 (Austlii )〕 If A intended to kill B, whether it was premeditated or on the spur of the moment, A is guilty of murder. Under NSW law, the next most culpable state is intent to cause grievous bodily harm - so if A inflicts grievous bodily harm on B and B dies, A is guilty of B's murder.〔See ''Crimes Act 1900'' (NSW) s 4 (Austlii )〕 The next level of culpability is 'reckless indifference to human life' in which A saw that his actions carried a probability of B's death (for example, driving a truck into a pub as in ''R v Crabbe'').〔http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1985/22.html?stem=0&synonyms=0&query=title(r%20and%20crabbe%20)〕 A further qualification in NSW law was held in Royall. For murder, the prosecution has to prove that the accused foresaw the probability of death, as opposed to the probability of death OR grievous bodily harm.〔http://www.austlii.edu.au/au/cases/cth/HCA/1991/27.html〕 The final level is constructive murder (also termed felony murder) in which A kills B (even if unintentionally - the only question that can be raised is whether the act was voluntary or not - see ''Ryan'') during, or immediately after, the commission of a crime.〔''Hudd v Regina'' () NSWCCA 57 (15 March 2013) (AustLii )〕 The maximum penalty for murder is life imprisonment.〔See (''Crimes Act 1900'' (NSW) s 19A )〕 Section 19B mandates a sentence of life imprisonment (subject to some exceptions) if the victim is a police officer killed in the execution of his or her duty, or in retaliation for past execution of duty, and the accused knew, or ought reasonably to have known, the victim was a police officer and intended to kill the police officer.〔(See ''Crimes Act 1900'' (NSW) s 19B )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Crimes Act 1900」の詳細全文を読む スポンサード リンク
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