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Question 1

What does the definition of the period “a years and a day” as outlined in section 162(2) of the Crimes Act 1961

Answer 1

The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of the death took place.

Question 2

Section 168(1)(a) of the crimes act 1961 refers to the term “grievous bodily injury” What does this mean and give an example of such injury

Answer 2

In subsection (1)(a), “grievous bodily injury” means harm that is very serious, such as injury to a vital organ.

To come within subsection (1)(c), the stopping of the victim’s breath must be done “Wilfully”.

Question 3

In the test for proximity, Simester and Brockbanks (Principles of Criminal Law 224) suggest the following questions should be asked in determining the point at which an act of mere preparation of committing a crime may become an attempt. What are those two questions?

Answer 3

Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? or

Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?

Question 4

Give an example when murder might be reduced to manslaughter even though the accused intended to kill or cause grievous bodily harm

Answer 4

Mitigating circumstances, such as a suicide pacts, reduce what would otherwise be murder to manslaughter, even though the accused may have intended to kill or cause grievous bully harm

Question 5

What would involve involuntary manslaughter?

Answer 5

Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or to cause grievous bodily harm

Question 6

Define alibi

Answer 6

An alibi is the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere.

Question 7

What must the defendant include in notice of alibi?

Answer 7

The name, address of the witness or, if the name and address is not known by the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness.

Question 8

Define Attempts under section 72(1) of the crimes act 1961

Answer 8

Everyone who, having an intention to commit an offence,

Does or omits an act for the purpose of accomplishing his object,

is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not

Question 9

Outline culpable homicide section 160(1) and (2) CA1961

Answer 9

(1)
Homicide may be either culpable or not culpable.

(2)
Homicide is culpable when it consists in the killing of any person -
(a) By an unlawful act, or
(b) By an omission without lawful excuse to perform or observe any legal duty. or
(c) By both combined, or
(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes his death.

Question 10

Explain what is meant by section 160(2)(b) of the crimes act 1961, omission to perform a legal duty.

Answer 10

This covers cases where nothing is done when there is a legal duty to act, and certain cases of positive conduct accompanied by a failure to discharge a legal duty, in particular a duty of care.