Chapter 3A: Murder Part 1 Flashcards
What is the specific mens rea that must be proven for murder?
Malice aforethought
How is it established that someone had malice aforethought?
They either acted with intention or recklessness
What is intentional murder defined as?
An accused person causes the death of another person while attempting to kill or cause grievous bodily harm, with no lawful excuse
When can a person be found to possess the mental state for intentional murder?
It is proven that they acted with a desire to bring about such a result, or they acted with the knowledge that the victim’s death was almost certain to occur
What is reckless murder defined as?
The accused causes the death of another person while acting with recklessness, whilst having no lawful excuse to do so
What are the three components of actus reus for murder?
Voluntary act, causation and death
What is a voluntary act defined as?
The conduct was directed by the accused’s conscious decision, such as stabbing, shooting or poisoning
What is causation defined as?
The requirement of having a causal connection between the accused’s voluntary act or omission, and the consequences that result from this
What is a supervening event?
An additional incident that is so radical that it breaks the chain of causation
How is a supervening event proven?
It must be proven that if the event did not occur, the death would not have occurred
What tests are used to determine whether a supervening event breaks the chain of causation?
Substantial and operating cause test or the natural consequences test
What does the substantial and operating cause test require?
The defendant’s act or omissions must have significantly contributed to the death of the victim when there is a supervening effect
When as the substantial and operating cause test developed?
Through the R vs Evans and Gardiner case of 1976
When is the natural consequences test used?
When the victim acts out of fright or self-preservation resulting from the accused’s conduct, which consequently results in their own death
In order for the accused to be found guilty during cases which involve the natural consequences test, what must the prosecution prove?
The accused caused the victim to have a well-founded fear of physical harm, it was reasonable for the victim to want to escape, and they selected a reasonable mode of escape
What does the Human Tissue Act of 1982 define death as?
An irreversible cessation of circulation of blood in the body or all functions of the brain of a person
What are the rules surrounding foetus in Victoria?
An unborn child, animal or object are not considered to be a ‘person’ in Victoria
What is manslaughter defined as?
Unlawfully causing the death of another person without malice aforethought
What are the similarities between murder and manslaughter?
They both share the same actus reus components, type of penalty and are both unlawful homicides
What are the differences between murder and manslaughter?
They have different mens rea elements, maximum penalties and subjective/objective tests
