Caselaws Flashcards
Horry
D Pc Rm Lng Cecc Cjrhm
Death should be
Provable by such circumstances
Render it morally certain and
Leave no ground for reasonable doubt
Circumstantial evidence should be so cogent and compelling as to
Convince the jury that upon no rational hypothesis other than murder can the facts be accounted for
Piri
R
Dr
Mnr
Amr
Recklessness involves consious and deliberate risk taking
Degree of risk of death foreseen by the accused under 167(b) or (d) must be
More than negligible or remote
Accused must recognise a real and substantial risk that death would be caused
Desmond
Nom
Bam
I’m
Kaa CD
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
Mane
A
C
T
C
O
C
Aaf
W
C
H
Accessory the offence must be complete at the
Time of the
Criminal involvement
One cannot be
Convicted of being an
Accessory after the fact or murder when the
Actus reus of the alleged criminal conduct was
Wholly completed before the offence of homicide was completed
Blaue
Those who use violence must take the victim as they find them
Clancy
Complainants birth certificate was not produced, however it was held that in that case evidence of the complainants date of birth given by her mother was sufficient to prove the girls age
Clark
D
J
I
M
U
U
F
I
S
Decision as to the accused insanity is always for the
Jury and a verdict
Inconsistent with the
Medical evidence is not necessarily
Unreasonable. But where
Unchallenged medical evidence is supported by 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 his act was morally wrong
Codere
N
M
P
C
P
K
Natures and quality of the act Means the physical character of the act Phrase does not involve any Consideration of the accused moral Perception not his Knowledge of the moral quality of he act
This a person is so deluded he cuts a womeans throat believing he is cutting a loaf of bread would not know the nature and quality of the act
Cottle
D
K
W A T E C N
Doing something without
Knowledge of it and
Without memory Afterwards of having done it Temporary Eciplise of Consciousness that Nevertheless leaves the person so affected able to exercise bodily movements
Joyce
C C P O C
Court of appeal decided that the Complusion must be made by a Person who is Present when the Offence is Committed
Lavelle
P
U
M
P
R
W
D
N
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 offend
Tomars
- WtFD
- DtFD|CDA
- WANC
RRP
RFC - FACSD
- Was the deceased threatened by, in fear of or 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 the act a natural consequence of the actions of the defendant in the sense that reasonable and responsible people in the defendants position at the time could reasonable have foreseen the consequences
- Did these foreseeable actions of the victim contribute in a significant way to his death?
