Mr. Finn Keyes:

I thank Senator O'Loughlin. In response to her questions directed to me, on the positive act and omission distinction, as I mentioned to Senator Ruane with regard to its relevance to assisted dying, I think the provision of assisted dying would cause the usefulness of that to fall away in this context. It would continue to play a role in criminal law more broadly but that is possibly beyond the scope of what the committee will consider. I am not sure if the change itself would be the necessary change, if the committee was to determine that.

The question about intent is good. It is always extremely difficult to determine intent. It involves looking inside someone's mind. Criminal trials are directed towards very elaborate procedures to try to define what is in someone's mind. It can only be evidenced by external acts, what they say and so on. That is a constant problem.