2. Murder and Manslaughter - Progress Test 2

Question 1

1. If an offender intends to kill A but inadvertently strikes the fatal blow to B, is the offender
   still guilty of murder?

Answer 1

1. In a case where an offender intends to kill A but inadvertently strikes and kills B, the guilt of
   the offender is not affected. Section 167(c) states that if the offender means to cause the
   death of one person and by mistake or accident kills another, even though he did not mean to
   hurt the other person, then it is murder

Question 2

2. In a charge of attempt to murder, what is the Crown required to prove?

Answer 2

2. When a charge of attempt to murder is made, the Crown must establish the mens rea and
   actus rea as set out in s72 of the Crimes Act 1961. An intention to kill must be proved.

Question 3

3. Define voluntary and involuntary manslaughter.

Answer 3

3. In voluntary manslaughter, mitigating circumstances (such as a suicide pact) reduce what
   would otherwise be murder to manslaughter, even though the defendant may have intended
   to kill or cause grievous bodily harm. Involuntary manslaughter covers those types of
   unlawful killing in which death is caused by criminal negligence. In such cases there has
   been no intention to kill or cause grievous bodily harm.

Question 4

When considering what charge to press in a case where someone has been killed in a sudden fight, what issues do you need to consider?

Answer 4

4. When you are considering what charge to file after someone has been killed in a sudden
   fight, you need to consider whether there was:
   − self-defence
   − the requisite mens rea for a murder/manslaughter charge.