Dancing with Death: Why the NSW Homicide Offence of Drug Supply Causing Death May Cause More Harm than Good

Methven, E

Dancing with Death: Why the NSW Homicide Offence of Drug Supply Causing Death May Cause More Harm than Good

Methven, E

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Publisher:: Law Book Company Limited
Publication Type:: Journal Article
Citation:: Criminal Law Journal, 2019, 43 (3), pp. 215 - 227
Issue Date:: 2019-08-01

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Field	Value	Language
dc.contributor.author	Methven, E https://orcid.org/0000-0002-3428-3905	en_US
dc.date.issued	2019-08-01	en_US
dc.identifier.citation	Criminal Law Journal, 2019, 43 (3), pp. 215 - 227	en_US
dc.identifier.issn	0314-1160	en_US
dc.identifier.uri	http://hdl.handle.net/10453/135454
dc.description.abstract	In November 2018, the New South Wales government rushed a new homicide offence of "drug supply causing death" through Parliament. It is now a crime – punishable by up to 20 years' imprisonment – for a person to supply a prohibited drug for financial gain where another person self-administers the drug and dies. The offence was implemented in response to drug-related deaths at music festivals. While similar provisions exist in the United States, the crime of drug supply causing death is the first of its kind to be enacted in Australia. This article critically examines the new offence. I critique the haste with which the legislation was introduced and identify problems that may arise in relation to prosecutions, especially with regard to proof of causation and mens rea. I argue that this "law and order" response to drug-related harms is not only unjustified; it may also do more harm than good.	en_US
dc.publisher	Law Book Company Limited	en_US
dc.relation.ispartof	Criminal Law Journal	en_US
dc.title	Dancing with Death: Why the NSW Homicide Offence of Drug Supply Causing Death May Cause More Harm than Good	en_US
dc.type	Journal Article
utslib.citation.volume	3	en_US
utslib.citation.volume	43	en_US
utslib.location.activity	Australia	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.issue	3	en_US
pubs.publication-status	Published	en_US
pubs.volume	43	en_US

Abstract:

In November 2018, the New South Wales government rushed a new homicide offence of "drug supply causing death" through Parliament. It is now a crime – punishable by up to 20 years' imprisonment – for a person to supply a prohibited drug for financial gain where another person self-administers the drug and dies. The offence was implemented in response to drug-related deaths at music festivals. While similar provisions exist in the United States, the crime of drug supply causing death is the first of its kind to be enacted in Australia. This article critically examines the new offence. I critique the haste with which the legislation was introduced and identify problems that may arise in relation to prosecutions, especially with regard to proof of causation and mens rea. I argue that this "law and order" response to drug-related harms is not only unjustified; it may also do more harm than good.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/135454