Determining a suicide under Australian law: A comparative study of coronial practice
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Description
This article examines the approach taken by Australian coroners to interpreting the law relating to suicide, and to applying it in practice. A previous review of the laws and commentary guiding coroners in Australian states and territories revealed not only that coroners are the only persons tasked with making routine legal determinations of suicide, but that such legal guidance lacks clarity. This study involved semi-structured interviews with Australian coroners in five states and two territories. The key finding is that coroners vary considerably in their approach to what constitutes a suicide, the circumstances that may or may not vitiate capacity to suicide, and the applicable standard of proof. Central to these findings is the difficulty of determining intent, especially in cases where the method is less active and where a body of well documented risk factors, or expressions of intent, are lacking. Utilising a range of suicidology literature on both reported suicide and deliberate self-harm, this article identifies the areas of concern for coroners and offers suggestions for further training and law reform.
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ID Code: | 130606 | ||||
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Item Type: | Contribution to Journal (Journal Article) | ||||
Refereed: | Yes | ||||
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Measurements or Duration: | 23 pages | ||||
Keywords: | australian coroners, coronial law, coronial practice, suicide law | ||||
ISSN: | 0313-0096 | ||||
Pure ID: | 33475134 | ||||
Divisions: | Past > QUT Faculties & Divisions > Faculty of Education Past > QUT Faculties & Divisions > Faculty of Law Current > Schools > School of Law Current > Schools > School of Early Childhood & Inclusive Education Current > Schools > School of Justice Current > Research Centres > Australian Centre for Health Law Research |
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Copyright Owner: | Consult author(s) regarding copyright matters | ||||
Copyright Statement: | This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au | ||||
Deposited On: | 06 Jun 2019 22:50 | ||||
Last Modified: | 02 May 2024 16:33 |
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