Chapter 3A: Murder Part 2

Question 1

What is the difference between the test for manslaughter compared to murder?

Answer 1

It is not subjective like those used for murder, however it is objective and determined by how a reasonable person would have acted

Question 2

What are the maximum penalties for murder and manslaughter?

Answer 2

Murder = Life Imprisonment
Manslaughter = 20 years imprisonment

Question 3

What is the standard sentence for murder when the victim was a custodial/emergency worker on duty?

Answer 3

30 years imprisonment

Question 4

What is the standard sentence for murder in any other case?

Answer 4

25 years imprisonment

Question 5

What are the six elements of murder that must be proven beyond a reasonable doubt?

Answer 5

• The killing was unlawful
• The victim was a human being
• The accused was a person over the age of criminal responsibility
• The accused caused the victim’s death
• The accused was a person of sound mind
• There was malice aforethought

Question 6

What are the five possible defences to a murder charge?

Answer 6

• Self-defence
• Mental Impairment
• Duress
• Sudden or extraordinary emergency
• Involuntary action (accident, automatism, intoxication)

Question 7

What does the defence of mental impairment state?

Answer 7

The accused person must have been suffering from an abnormality of mind which has arisen from a specific cause, and it must have substantially impaired the accused’ mental responsibility for the killing

Question 8

What does the defence of a sudden or extraordinary emergency state?

Answer 8

The conduct of the accused was a reasonable response to an emergency, which must have involved a risk of death or serious injury

Question 9

What does the defence of involuntary action state?

Answer 9

The accused did not voluntarily commit the criminal act, because they were not in control of their actions; due to intoxication, automatism, an accident, concussion or a mental illness which contributed to an unsound mind

Question 10

What is duress?

Answer 10

The legal recognition that a person may commit a crime while acting under compulsion due to a threat should they fail to comply

Question 11

For a successful duress defence to murder, what must the accused successfully establish?

Answer 11

There was a threat of death or really serious injury, the only reasonable way to avoid the threat was by conducting the criminal act and the conduct was a reasonable response to the threat

Question 12

What is self-defence?

Answer 12

The legal recognition that a person may lawfully use force or the threat of force in order to prevent unlawful harm against themselves or another

Question 13

What is self-defence an example of and what does this mean?

Answer 13

It is a complete defence, which means that a person will not be found guilty of an offence if it can be proven

Question 14

To successfully establish a self-defence defence for murder, what must the accused establish?

Answer 14

The accused must have believed that the conduct was necessary in self-defence and a reasonable response in the circumstances

Question 15

In family violence cases, when else can self-defence be proven?

Answer 15

The person is responding to harm that is not immediate and the force used may be in excess of the threatened harm

Question 16

What does reckless indifference refer to?

Answer 16

The accused knew it was probable that their actions would cause death or serious injury to another person and they were indifferent to the fact

Question 17

For murder, what does the type and severity of the sentence imposed by the courts depend on?

Answer 17

The gender of the offender, the relationship between the victim and offender, the offender’s mental health and prior criminal record

Question 18

What are the impacts on families as a result of murder?

Answer 18

Impacts on mental/physical health, impact on family relationships and re-victimisation issues

Question 19

What is the overall cost of crime in Australia?

Answer 19

More than $30 billion per year

Question 20

What do the psychological impacts of murder include?

Answer 20

An increase in feelings of fear and restriction, a weaker attachment to sense of community and a decreased willingness to intervene in crimes or crime prevention