Additional Flashcards
If you are charging an offender with murder under s167, you must show one of three things in relation to the defendant, what are these?
-Intent to cause death; or
-Knowledge that death was likely to ensue; or
-Recklessness as to whether death would ensue
What does the law say about joint responsibility?
It is not necessary to show that the secondary party knew the death was a probable consequence of their carrying out the primary purpose.
Rather it must be shown that they knew it was a probable consequence that the principal might do an act that would, if death ensued, bring their conduct within the terms of s168.
Section 102 of the Sentencing Act relates to a presumption for the punishment for murder. What does this section say?
An offender who is convicted of murder must be sentenced to life imprisonment unless given the circumstances (of the offence and offender) such a sentence would be manifestly unjust.
If a court does not impose life imprisonment, it must give written reasons for not doing so.
Outline the four point test for proving an unlawful act for manslaughter (Newbury and Jones).
- The defendant must intentionally do an act.
- The act must be unlawful.
- The act must be dangerous.
- The act must cause death.
What does the law say about the withdrawal of life support in relation to culpable homicide?
In R v Tarei, the court held that withdrawal of any form of life support system is not “treatment” under s166 of the Crimes Act 1961. To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.
What is “Novus actus interviens”?
Latin for: a new intervening act.
An intervening act that breaks the chain of causation.
Discuss the offence of concealing the dead body of a child. What must be proven in relation to this offence?
The body of the child must be concealed in any manner.
This concealment must be done for the purpose of concealing the fact of birth. This is not negated but some other people knowing about the birth.
The body need not be found or identified.
In relation to an admissible hearsay statement, the circumstances must give reasonable assurances as to its reliability. What circumstances might be considered?
-The nature of the statement.
-The contents of the statement.
-The circumstances relating to the making of the statement.
-Circumstances relating to the veracity of the person making the statement.
-Circumstances relating to the accuracy of the observation of the person.
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?
You need to consider whether there was:
-Self defence.
-The requisite mens rea for a murder or manslaughter charge.
The case of R v Joyce emphasised the importance of immediacy and presence in respect of compulsion or duress. Discuss these elements.
Presence - The compulsion must be made by a person who is present when the offence is committed.
Immediacy - Where a defendant is subjected to pressure to confess, for example, this offers no evidence of compulsion to operate as a defence to the charge itself.
