The Australian has obtained the definition of a ‘lawfully killing’ act in Australia.
The definition was published in the Government of Western Australia’s law book on Tuesday.
It is likely the act will be used by both law enforcement and the courts to establish a case for a charge of murder or manslaughter.
It will also be used to determine if an accused person can be charged with a crime.
In recent years, several jurisdictions have used the word ‘law’ in the definition.
There is no definition of the word.
The act of intentionally inflicting grievous bodily harm, which includes the killing of someone who is unconscious or has no viable external means of defence, is defined as ‘intentionally inflicting serious injury or death’.
The act that constitutes a breach of the peace, which is the killing or causing of another person to be injured or killed in the course of a lawful exercise of the police power or in the discharge of the powers of a public servant, is also defined.
The use of the term ‘lawly killing’ will allow the courts more discretion to decide whether an accused can be tried on the murder charge.
The ‘lawively killing’ acts include:An act that causes death or serious injury to another person, with or without a firearm or other deadly weaponThe unlawful killing of a person, including a person in a vehicle or in a public place, by another person who has the intent of causing serious injuryor deathThe killing of another by means of a weapon of mass destructionThe killing, or causing the death of, a person by the use of a firearm in a place of public accommodationThe unlawful shooting of a police officer, a member of the public, or a member or former member of a paramilitary organisationThe unlawful discharge of a gun in a school, college or universityThe unlawful firing of a rifle or shotgunThe unlawful use of an explosive weaponThe wrongful killing of an innocent personThe killing or wounding of a dogThe killing and wounding of an animal, or the killing and injuring of a livestock animal, by a person who is not acting within the scope of his or her lawful authorityThe unlawfully killing of animals and causing unnecessary suffering to themThe unlawful infliction of grievous injury or the death, or serious impairment of physical or mental health of an individual.
It does not include the killing by a peace officer of a hostage or hostage taker.
The bill has been referred to the House of Representatives by a number of Liberal MPs, including Liberal MP Shane Rattenbury.
It has not yet been passed into law.
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