7 Flashcards
What three points must be satisfied before a defence Of compulsion can be used?
A person is protected from criminal responsibility if they have been compelled to commit the offence by someone at the scene who had threatened them that they would otherwise be killed caused grievous bottle the harm.
The accused must have genuinely believed the threats and must not be a party to any association or conspiracy involving and caring out the threats.
Explain entrapment
Entrapment occurs when an agent of an infant enforcement body deliberately causes a person to commit in offence, so that person can be prosecuted.
Give two circumstances where culpable homicide is murder
(A) if the offender means to cause the death of the person killed
(B) if the offender 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 with a death ensues or not:
(C) if the offender 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) if the offender 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 affected without hurting anyone.
Define legal duty
The expression legal duty refers to those duties imposed by statute or common-law including uncodified common law duties
Outline section 163 of the crimes act 1961
No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16 years or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by Wulfully frightening any such child as aforesaid or a sick person
What is required state of mind for section 167(b) of the crimes act 1961?
To show that the accused state of mine meets the provisions of section 167B, you must establish that the accused:
Intended to cause bodily injury to the deceased
New the injury was likely to cause death
Was reckless as to whether death ensued or not
You cannot use the defence of consent to assault in the following cases
Aiding suicide
Criminal actions
Injury likely to cause death
Bodily harm likely to cause a breach of the peace
Indecency offences
The placing of someone in a situation where they are at risk of death or bodily harm
Outline R v Blaue
Those who use violence must make the victims as they find them
A hearsay statement is admissible at any preceding if:
(A) The circumstances relating to the statement provide reasonable assurance that the statement is reliable and
(B) either-
(i) The maker of the statement is unavailable as a witness or
(ii) The judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness
What was held in R v Clancy?
The best evidence as to the date and place of a child’s birth will normally be provided by a person attending at the birth or the child’s mother… Production of the birth certificate, if available, may have added to the evidence but was not essential
