CATP Homicides

Question 1

Murder criteria

Answer 1

AR = killing human life
MR= wicked intention recklessness (McDonald)

Question 2

Drury v Hma

Answer 2

Facts
Killed gf with hammer prosecuted for murder 5 judges

Held :
Pled provoactuon

Question 3

Mcluskey

Answer 3

Facts:
Pregnant women gives birth after being in a car crash baby dies
Defence that baby wasn’t born when accident happened so cannot be murder

Held:
Only matter that the baby was born and doesn’t matter that the injury was caused when baby was in womb

Question 4

Cawthorne

Answer 4

Facts:
Fires gun at house randomly no one dies

Held: attempted murder due to recklessness

Question 5

Culpable homicide criteria

Answer 5

No MR just AR if taking human life
Lesser penalty than murder
Involuntary -negligence
Voluntary -recklessness

Question 6

Ross v Fortana

Answer 6

Facts:
Gas engineer doesn’t fit fires properly people die

Held: disregard to safety and human life

Question 7

Bird

Answer 7

Facts:
Assaults women she dies from shock

Held:
No intention to kill but responsible because she died