NSW Assault without intent to kill and person dies

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kim8hughes

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18 December 2022
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If I hit someone without intending to kill, they fall and hit their head on a coffee table, can this be murder or manslaughter?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Either, depending on the circumstances.
Separately to manslaughter, recklessness as to consequences of an act can be enough to satisfy the mens rea element of murder.
Just as somebody dying in the course of you committing a (so to speak) lesser offence can end up as murder.