2. Murder

Question 1

s167 Murder

Answer 1

Culpable homicide is murder in each following cases
a) O means to cause death of the person killed
b) O means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, and is RECKLESS whether death ensues or not
c) O means to cause death OR being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person and by accident or mistake kills another person, though he does not mean to hurt the person killed
d) O for for any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effect without hurting any one

Question 2

Associated murder charges
Intent must be establish - R v Murphy

Answer 2

When proving an attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence.

E.g a case of attempted murder it is necessary for the Crown to establish an actual intent to kill.

Question 3

Proximity is a question of law

Answer 3

It is a question that is decided by the judge based on the assumption that the facts of the case are proved.

Question 4

s176. Accessory after the fact to murder

Answer 4

Everyone is liable to imprisonment for a term not exceeding 7 years who is an accessory after the fact to murder

Question 5

Instances of manslaughter - killing in a sudden fight

Answer 5

If the homicide can be justified as having arisen out of self - defence, verdict acquittal

Fact there was a fight negates that the defendant had the required mens rea to bring a charge of murder within s167, verdict manslaughter.