Case Law Flashcards
In the Case Law relating to culpable homicide, What is held in Murray Wright Ltd?
Answer : Because the killing must be done by a human being, an organisation (such as a hospital or food company) cannot be convicted as a principal offender.
In relation to an unlawful act, What was held in the Case Law for R v Myatt?
Answer: (before a breach of any Act, regulation or bylaw would be an unlawful act under s160 for the purposes of culpable homicide), it must be an act likely to do harm to the deceased or to some class of persons of whom he was one.
Relation to section 160(2)(d) Crimes Act 1961, What Was held in the Case Law for R v Tomars?
Answer:
Formulates the issues in the following way:
1. Was the deceased threatened by, in fear of what deceived by the defendant?
- If they were, did such threats, fear or deception cause the deceased to do the act that caused their death?
- Was that a natural consequence of the actions of the defendant, in the sense that reasonable and responsible people in the defendants position at the time would reasonably have foreseen the consequences?
- Did these foreseeable actions of the victim contribute in a [significant] way to his death?
In relation to where our body is not found, what was held in the Case Law for R v Horry?
Answer:
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 as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for.
In relation to recklessness, What I was held in the Case Law for Cameron v R?
Answer:
Recklessness is established if:
(a) the defendant recognized that there was a real possibility that,
(i) his or her actions would bring about the proscribed result and/or
(ii) that the proscribed circumstances existed and
(b) having regard to that risk those actions were unreasonable
In regards to recklessness, What was held in the Case Law for R v Piri?
Answer:
Recklessness here involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused under either s 167(b) or (d) must be more than negligible or remote.
The accused must recognize a real or substantial risk that death would be caused.
In relation to killing in pursuit of an unlawful object s167(d), What was held in the Case Law of R v Desmond?
Answer:
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.
In relation to intent, What was held in the caselaw for R v Murphy?
Answer:
When proving an attempt to commit an offense it must be shown that the accused’s intention was to commit the substantive offense. For example, in a case of attempted murder it is necessary for the crown to establish an actual intent to kill.
In relation to an attempt, What was held in the Case Law for R v Harpur?
Answer:
The court may have regard to the conduct reviewed 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.
In relation to an accessory to the offense of murder, what was held in R v Mane?
Answer:
For the person to be an accessory the offense must be complete at the time of the criminal involvement.
One cannot be convicted of being an accessory after the fact of murder when the actus reus of the alleged criminal conduct was wholly completed before the offense of homicide was completed.
In relation to liability and who is responsible for the death, What was held in R v Blaue?
Answer:
Those who use violence must take their victims as they find them.
Summary - Liability depends on the mens rea not on the victim subsequent actions.
In relation to proof of age, What was held in the Case Law for Forest the Forest?
Answer:
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
In practice generally involves the producing of the victims birth certificate or other evidence provided to verify the age of the victim.
In relation to the burden of proof, What was held in the case law for R v Cottle?
Answer:
As to the 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.
In relation to the plea of insanity, What was held in the Case law for R v Clark?
Answer:
The decision as to an accused’s 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 this case shows that the accused did not and had been unable to know that this act was morally wrong.
In regard to the nature and quality of the act, What was held in R v Codere?
Answer:
The nature and quality of the act means the physical character of the act.
The phrase does not involve any consideration of the accused’s moral perception nor his knowledge of the moral quality of the act.
Thus a person who is deluded that he cuts a woman’s throat believing that he is cutting a loaf of bread would not know the nature and quality of his act.
