Case Law Flashcards
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
R v cottle
As to degree of proof, it is sufficient if the plea is established to the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt
R v Clark
The decision as to an accused insanity is always for the jury and a verdict inconsistent with medical evidence is not necessarily unreasonable. But where unchallenged medical evidence is supported by the surrounding facts a jury’s verdict must be founded on that evidence which in the case shows that the accused did not and had not been able to know that his act was morally wrong
R v Codere
The nature and quality of the act means the physical character of the act. Does not involve any conversation of the accused moral perception nor his knowledge of the moral quality of the act. Thus a person who is so deluded he cuts a women’s throat believing he is cutting bread would not know the nature and quality of his act.
R v tomars (threats, fears or deception in culpable homicide)
•was the deceased threatened by in fear of or deceived by the defendant
•if they were, did such threats cause the deceased to do the act that caused their death
•was the act a natural consequence of the actions of the defendant, in the sense that reasonable and responsible people in the defendant position at the time could have foreseen the consequences
•did the foreseeable actions of the victim contribute in a significant way to his death
R v cottle (action without conscious volition)
Doing something without knowledge of it and without memory afterwards if having done it - a temporary eclipse of consciousness that nevertheless leaves the person so affected able to exercise bodily movements
Police v lavelle
It is permissible for undercover officers to merely provide the opportunity for someone who is ready and willing to offend. As long as the officers did not initiate the persons interest or willingness to so offend
R v Joyce
The court of appeal decided that the compulsion must be made by a person who is present when the offence is committed
R v Horry
Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt - that the circumstantial evidence should be so cogent and compelling to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for
Murray wright ltd
Because the killing must be done by a human being, an organisation can not be convicted as a principal offender. An organisation can not serve the mandatory life sentence
R v Myatt
Before a breach of any act, regulation or by law would be an unlawful act under s160 for the purpose of culpable homicide, it must be an act likely to do harm to the deceased or some class of persons of whom he once was
Cameron V R (recklessness)
Recklessness is established if
a) the defendant recognised that there was a real possibility that
i) his or her actions would bring about the proscribed results and/or
ii) the proscribed circumstances existed
b) having regard to that risk those actions were unreasonable
R v Piri
Recklessness involves the conscious and deliberate taking of an unjustified risk. The degrees of risk of death foreseen by the accused must be more than negligible or remote. The accused must recognise a real or substantial risk that death would be caused by
R v Desmond (killing in pursuit of an unlawful object)
Not only must the object be unlawful, but also the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death
R v Murphy
When proving attempt to commit an offence it must be shown the accused intention was to commit the substantive offence
R v Harpur
Having regard to the conduct viewed cumulatively up to the point when the conduct in question stops, the defendants conduct may be considered in its entirety. Considering how much remains to be done, is always relevant though not determinative
R v Mane (accessory)
For a person to be an accessory the offence must be complete at the time of the criminal involvement
R v Blaue
Those who use violence must take their victims as they find them
