ch 5- indictable offences Flashcards
homicide
the killing of another person without legal justification
manslaughter
the unintentional killing of a person due to reckless, dangerous or negligent behaviour
infanticide
the killing by a mother of a child under 2 while suffering a mental condition caused by the effects of birth
child homicide
the killing of a child under the age of 6 in circumstances normally considered manslaughter
culpable driving causing death
the act of causing the death of another person while driving a motor vehicle in a negligent or reckless manner or under the influence of drugs or alcohol
homicide by firearm
the killing of a person by discharging a firearm in circumstances that would normally be manslaughter
murder
most serious homicide with the max penalty being life imprisonment. the intentional, unlawful, voluntary killing of someone
what are the 4 elements of murder
- the killing was unlawful
- the acts were voluntary
- the acts caused death
- the accused acted with the intent to kill or cause harm
element 1- the killing was unlawful
must prove there was no legal justification for causing death
element 2- voluntary acts
must prove they were awake, aware and in control of their bodily actions
element 3- causation
without the actions of the offender the murder wouldn’t have occurred
there must be a direct and unbroken causal link
natural consequences test and the substantial and operating test may be conducted
element 4- intention to kill
malice aforethought- state of mind to cause death
intentional murder- at the time, there was teh desire and foresight to kill
reckless murder- it must be reasonably foreseeable
defending murder
other than defending the charge on the basis that one or more of the elements of murder haven’t been satisfied, the accused can also rely on a defence such as any of the general defences to murde
defending murder- self defence
must kill to protect them/others if not they would have been injured or killed
must be within reason and necessary
322K ( 3) of the Crimes act
defending murder- duress
reasonable belief that the threat would have occurred otherwise
threat to inflict injury or cause death
332 O crimes act
sudden/extraordinary emergency
circumstances pertaining to emergency existed, there was risk of death or injury and it was the only reasonable action
332 R Crimes act 1958
standard sentence
the sentence that should be imposed for ‘middle of the range of seriousness’ offending, before the judge takes into account any other relevant sentencing factors (such as the offender’s personal circumstances or guilty plea). Standard sentences exist for
13 serious indictable offences (such as murder, culpable driving causing
death and trafficking large quantities of unlawful drugs)
life imprisonment
serve a sentence either in prison or in the community under supervision for the rest of their life
standard sentence for murder
25 years or 30 years if the victim is an emergency worker or custodial officer on duty
guilty plea
early guilty plea lessens the severity
nature and gravity
using a weapon ( the type and manner it was used)
commission of the attack ( infront of kids)
vulnerability of the victim
where they defenceless- elderly, young, physically or mentally disabled
conduct after
cruel and heartless
or remorseful, cooperative
premeditated
more severe
