In September 2014, a new offence was created in the Queensland Criminal Code (“the Code”) by the insertion of new section 314A – unlawful striking causing death.
1. Elsewhere in the Code (for example in s339), there are various offences containing an element of assault. In s314A, the term “striking” has been used instead of assault, and s314A(3) reinforces the idea that assault is not an element of the new offence. For what reason or reasons might that be?
2. There is no element of intention contained in s314A, making the section broadly cognate with some types of manslaughter. In what way is the new section different from manslaughter? (It is not necessary to discuss manslaughter by criminal negligence here.) What matters of exculpation remain in cases which fall under s314A after the statutory exclusions in that section? Is provocation available under ss268-269, or s304 of the Code?
3. Section 314A(2) makes it clear that s270 does not apply. Did s270 have any application in any event, when one considers the words at the end of the section restricting its application so that it only covers cases “where the force used is not intended, and is not such as is likely, to cause death”? What purpose does removing its applicability altogether serve?