1 Flashcards
What is the penalty for attempted murder?
Everyone who attempts to commit murder is liable for a term of imprisonment not exceeding 14 years
Define R v Tarei
Withdrawal of any form of life support system is not “treatment” under s166 Crimes Act 1961. To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.
Outline section 188 of the crimes act 1961 (Concealing a dead body of a child)
Everyone is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during, or after birth.
In which court does the youth facing a charge of murder or manslaughter appear?
Young persons over 14 years of age are usually dealt with under the youth justice provisions of the CYPF Act although charges of murder and manslaughter will be heard in the high court following the committal process in the Youth Court.
A question of law relating to whether the condition is a disease of the mind is answered by whom?
The judge.
What the accused state of mind was at the time of the offence is a question decided by whom?
The jury.
What was held in R v Kamipeli?
It does not have to be shown that the defendant was incapable of forming the mens rea, merely that, because of their drunken state, they did not have the proper state of mind to be guilty.
What is the burden of proof for insanity?
The accused is not required to prove the defence of insanity beyond reasonable doubt, but to the satisfaction of the jury on the balance of probabilities.
Section 153 of the Crime Act 1961, what is the relevant age of the person who is employed?
Under the age of 16 years.
Where a charge of infanticide is laid, who decides on the mothers state of mind?
The jury.
