Case Law and definitions Flashcards
R v Murphy
When proving an attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence. For example, in a case of attempted murder it is necessary for the Crown to establish an actual intent to kill
R v Lipman
Where automatism is brought about by a voluntary intake of alcohol or drugs the court may be reluctant to accept that the actions were involuntary or that the offender lacked intention
R v Ranger
If this accused did really think that the lives of herself and her son were in peril because of the deceased, enraged after the struggle, might attempt to shoot them with a rifle near at hand, then it would be going too far, we think, to say that the jury could not entertain a reasonable doubt as to whether a pre-emptive strike with a knife would be reasonable force in all the circumstances
R v Blaue
Those who use violence must take their victims as they find them
R v Tomars
Formulates the issue in the following way:
1) Was the deceased threatened by, in fear of, or deceived by the defendant?
2) If they were, did such threats, fear or deception cause the deceased to do an act that caused their death?
3) Was the act a natural consequence of the actions of the defendant, in the sense that reasonable and responsible people in the defendant’s position at the time could reasonably have foreseen the consequences?
4) Did these foreseeable actions of the victim contribute in a significant way to his death?
Murray Wright Ltd
Because the killing must be done by a human being, an organisation cannot be convicted as a principal offender
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 person’s interest or willingness to so offend
R v Mane
For a person to be an accessory the offence must be complete at the time of 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 offence of homicide was completed
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 as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for
