2. Murder and Manslaughter - Summary

Question 1

Point 1

Answer 1

The distinguishing element in a charge of murder is the offender’s awareness or recklessness of the knowledge that their actions are likely
to result in the death of the other person. The jury decides whether the defendant had such knowledge at the time by drawing inferences from all
the circumstances, and from what the offender said and did at the time.

Question 2

Point 2

Answer 2

• Where two or more people are to be convicted of culpable homicide under section 168, you do not need to prove that the secondary party knew that death was a probable consequence of their unlawful activity, just that the secondary party knew it was probable the principal might do
  an act that would, if death resulted, bring their conduct within the terms of section 168.

Question 3

Point 3

Answer 3

• Associated murder charges include:
  − attempt to murder
  − counselling or attempting to procure murder
  − conspiracy to murder
  − accessory after the fact to murder.

Question 4

Point 4

Answer 4

• Common law defines two distinct types of manslaughter:
  − voluntary manslaughter
  − involuntary manslaughter.

Question 5

Point 5

Answer 5

• If a homicide arose out of self-defence, the defendant should be acquitted; if it arose out of a suicide pact the charge should be manslaughter.