s. 6 purposes of the law relating to manslaughter by an unlawful and dangerous act; and (b) the offender intended that the punch or strike be delivered to the victim's head or neck; and (c) the victim was not expecting to be punched or struck by the offender; and (d) the offender knew that the victim was not expecting, or was probably not expecting, to be punched or struck by the offender. (4) The court may be satisfied of the matters specified in subsection (3)(c) and (d) even if the victim was involved in a confrontation with the offender or any other person before the punch or strike was delivered. (5) The fact that the offender warned the victim of the punch or strike immediately before delivering it does not mean that the victim was expecting to be punched or struck by the offender. Example The offender might only warn the victim of the punch or strike so close to the time of the delivery of the punch or strike that the victim is not expecting to be punched or struck by the offender. (6) Subsection (2) does not apply to— (a) a person who aids, abets, counsels or procures the commission of the offence; or Note See section 323 of the Crimes Act 1958.
purposes of the law relating to manslaughter by an unlawful and dangerous act; and (b) the offender intended that the punch or strike be delivered to the victim's head or neck; and (c) the victim was not expecting to be punched or struck by the offender; and (d) the offender knew that the victim was not expecting, or was probably not expecting, to be punched or struck by the offender. (4) The court may be satisfied of the matters specified in subsection (3)(c) and (d) even if the victim was involved in a confrontation with the offender or any other person before the punch or strike was delivered. s. 6 (5) The fact that the offender warned the victim of the punch or strike immediately before delivering it does not mean that the victim was expecting to be punched or struck by the offender. Example The offender might only warn the victim of the punch or strike so close to the time of the delivery of the punch or strike that the victim is not expecting to be punched or struck by the offender. (6) Subsection (2) does not apply to— (a) a person who aids, abets, counsels or procures the commission of the offence; or Note See section 323 of the Crimes Act 1958.
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