ch 5- indictable offences (murder) 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
personal circumstances
mental health, financial stability etc.
statistics and trends VIC
sentencing advisory council
- 2017-2022 97 people were sentenced in VSC
- murders made up 2.8% of those sentenced
-73% murderers were 25-54
- all sanctioned to roughly 20 years and 6 months
- 91% were male
statistics and trends NT
- upwards trend in recent years, 1.6-2.4 between 2019-2023
- murder rate is 3x higher
- feb to jan
- social disadvantage and hardship- alcohol and drug consumption, family dysfunction, mental health issues
- greater homicide rates from 4.4-8 between 2021-2023
impacts- victims and relatives: physical
stress, grief, fear, insomnia, memory loss, cardiac issues, diabetes
impacts- victims and relatives: psychological
high risk of mental health disorders from the emotional trauma
may be witnesses
disconnected from society
may feel tehres limited rights
( they do have the right to VIS, be informed of processes, financial compensation, treat with respect)
impacts- victims and relatives: economical
if main family provider, there may no longer be income
impacts- victims and relatives:social
discomfort, strain
exacerbate pain and isolation if spousal
public attention
media scrutiny
impacts- offender: physical
may have sustained injuries
impacts- offender: psychological
guilt/remorse
mental health disorder
defend in court may cause uncertainty
impacts- offender: economical
loss of income, and legal rep
impacts- offender: social
can’t socialise
relationship breakdown
impacts- community: economic
bad reputation for the area, bad for business
medical treatment
law enforcement- tax payers
court costs- judge and gov funding
impacts- community: social
greater workload to ensure safety
trauma to emergency workers
loss of productivity and confidence and community values
coronial servces
impacts- community: legal
societal costs for court
harsher laws
overburdened
impacts- community: political
commission into family violence
every 9 days a woman is killed and every month a man is killed by his partner
impacts- community: health
witnesses may suffer mental trauma
