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CIB Modules 22/23 - Mwby42 > CIB 013 - Homocide Law And Defences > Flashcards

CIB 013 - Homocide Law And Defences Flashcards

1
Q

What are the 2 critical factors to consider for a charge of murder in relation to offender intent?

A

If offender intended to:

  • Kill the person OR
  • Cause bodily injury offender knew likely cause death
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2
Q

What charge is a survivor of a suicide pact liable for?

A

Manslaughter

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3
Q

Section 158 - homicide defined?

A

Homicide is killing of a human by another, directly or indirectly, by any means whatsoever

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4
Q

Caselaw: Murray Wright ltd?

A

Killing must be done by a human, an organisation cannot be convicted as a principal offender

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5
Q

Section 159 (1) - (definition of child becoming human)

A

Child becomes human when completely proceeded in living state from its mothers body, whether breathed, independent circulation or navel string cut or not

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6
Q

What does culpable homicide mean?

A

The killing is blameworthy, it includes murder, manslaughter or infanticide

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7
Q

Section 160(1)?

A

Homicide may be culpable or not culpable

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8
Q

Section 160(2)?

A

Homicide is culpable when it consists in the killing of any person by:

  • an unlawful act
  • an omission w/o lawful excuse to perform any legal duty
  • both combined
  • causing that person by threats or fear of violence to do an act which causes their death
  • wilfully frightening child under 16 years/sick person
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9
Q

What is an unlawful act under S 160(2)(a)?

A

A breach of any act regulation rule or bylaw

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10
Q

Caselaw: R v MYATT?

A

An unlawful act under S160 for culpable homicide must be an act likely to do harm to deceased

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11
Q

Duties imposed by statute are mainly common law duties that have been embodied in statute. The crimes act 1961 defines duties across sections 151-157? (Exclude 154)

A

151-157

“IKESME”

Injury - vulnies adult- provide necessary and protect from injury

Kids - U18 as above protect kids when parent

Employer - provide food/clothing/lodging apprentice under 16

Surgery - use reas knowledge/skill when performing dangerous acts

Machines - take reas precautions/care when using

Endanger life - avoid omissions that…

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12
Q

Caselaw: R v TOMARS

A

Formulates the issues in following way:

(Threat/act/consequence/contribution

1- was deceased threatened by, in fear of or deceived (“TFD”) by defendant
2- if so did TFD cause deceased to do act that caused their death
3- was the act a natural consequence of def actions, something reasonable/responsible ppl in def position @time could reasonably foreseen those consequences
4- did the actions of victim contribute significantly to their death

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13
Q

What are some examples of culpable homicide caused by actions prompted by TFD?

A
  • jumping out window cos think get assaulted and dying
  • jump in river to escape attack and dying
  • being assaulted, believe in danger and jump from train and dying
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14
Q

Section 163 - killing by influence on mind , what does this say?

A

No one is criminally responsible for killing another by any influence on mind alone, except by

Wilfully frightening a child /-16 or a sick person

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15
Q

No one has the right to consent to being killed, what section is this?

A

Section 63

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16
Q

Caselaw: R v HORRY

A

Death should be provable by circ”s & leave no ground for reasonable doubt. Circumstantial EV convince a jury no other rational hypothesis other than murder

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17
Q

What 2 sections provide protections that even when acts result in death they are not liable? What is the caviot though too?

A

Section 48 - self defence

Section 41 - prevent suicide/ offence cause injury to person/property

Force used must be reasonable necessary in circs

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18
Q

To establish death you must prove the:?
(3)

A

-death occurred
-deceased ID”d as person killed
-killing is culpable

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19
Q

Section 167(a) - murder defined?

A

if off means to cause death person killed

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20
Q

Section 167(b)- murder defined?

A

Offender means to:
-cause person killed bodily injury
- known to likely cause death
- reckless whether death ensues or not

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21
Q

Section 167(c)- murder defined?

A

If off means cause death or reckless to such means cause bodily injury and by accident or mistake kills another

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22
Q

Section 167(d)- murder defined?

A
  • if off for UL object does act
  • knows to be likely to cause death
  • and kills another
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23
Q

Section 168(1)(a) - further murder defined?

A

If he means to cause GBH for purpose of:
-facilitating offence
-escape or avoid detection

Of any offence from subsection 2

-Or resist apprehension of offender in respect of any offence

And death ensues from such injury

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24
Q

Section 168(1)(b)- further murder defined?

A

If administer any stupefying thing for purpose of aforesaid and death ensues

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25
Section 168(1)(c)- further murder defined?
If by any means wilfully stops breath of any person for purpose aforesaid and death ensues
26
If you are charging with murder under S167, you need to prove 1 of 3 intents or it will be manslaughter. What are the 3 intents?
“IKR” intended/knew/reckless - intended to cause death - knew death likely ensue - reckless death would ensue
27
Caselaw: CAMERON v R?
Recognising real possibility actions would bring a proscribed result and actions were unreasonable
28
Caselaw/ R v PIRI
The risk of death foreseen by accused under S167(b) or (d) must be more than negligible or remote. Accused must recognise a “real or substantial risk” that death would ensue
29
Caselaw: R v DESMOND?
object = unlawful accused know act likely cause death. His knowledge accompanied the act.
30
Parties to S66(2)
-2 or more ppl form common intention for unlawful purpose and to assist each other - each is a party to every offence committed by any 1 of them in the common purpose - if the commission of that offence was known to be probable consequence
31
What is the penalty and what section for murder?
Life- section 172
32
Section 102 sentencing act?
Offender convicted of murder must be sentenced to life unless in circ”s manifestly unjust. Must give written reasons
33
Define attempts?
Section 72(1) CA61 - having an intent to commit an offence - does or omits an act - for purpose of accomploshing their object
34
Caselaw: R v MURPHY?
When proving an attempt, it must be shown accused’s intention was to commit substantive offence. Eg in attempted murder necessary to establish an actual intent to kill
35
What section is attempted murder and what 2 things must the crown establish?
Section 173 Establish the: Mens rea (intent to kill) Actus reus - (an attempt and sufficiently proximate)
36
Caselaw: R v HARPUR?
Court may have regard to conduct cumulatively up to point when conduct in question stops, what remains to be done is always relevant but not determinative
37
What is the penalty for attempted murder?
14 years
38
Section 174 and penalty?
Counselling/attempting to procure murder. 10 years
39
Section 175 and penalty?
Conspiracy to murder. 10 years
40
Section 176 and penalty?
AATF to murder 7 years
41
Caselaw: R v MANE?
TBC an AATF the acts done must be after completion of the offence
42
When you come across a killing that is result of a sudden fight what 2 points need considering?
- self defence - The requisite mens rea for a murder charge
43
Section 160(2) deals with deaths that occur by way of unlawful act. What is the 4 point test for proving an unlawful act for manslaughter as per “NEWBURY and JONES”
Defendant must: 1- intentionally do an act 2- act = unlawful 3- act = dangerous 4- act causes death
44
What section is the major departure test under and what does that section state?
150A(2) In the circumstances, the omission or unlawful act is a major departure from the standard of care expected of a reasonable person Gross negligence must be shown
45
The test to determine if a defendant is grossly negligent in the major departure test is objective. What is the essence of this test?
In regard to the risk of death involved the conduct of the defendant was so bad it amounts to a criminal act
46
What is the punishment for manslaughter under section 177?
Life
47
Associated murder charges include? (4)
- attempt - counselling/att procure - conspiracy - AATF
48
Common law defines 2 distinct types of manslaughter?
Voluntary manslaughter Involuntary manslaughter
49
What section is infanticide and the penalty?
178 3 years
50
What type of homicide must the killing amount to in infanticide cases?
Culpable homicide
51
With infanticide, what must you prove about the mothers mind?
It was disturbed as a consequence of the birth of that child or another
52
What is a vulnerable adult?
Person unable by reason of: Mental impairment Age Detention Sickness To withdraw themselves from care or charge of another
53
Section 154 and penalty?
Abandoning a child under 6 7 years
54
Caselaw: R v BLAUE (Take/found)
Those who use violence must take their victims as they find them
55
What does “novus Acus interviens” mean in English?
An intervening act that breaks the chain of causation
56
Section 179?
Aiding and abetting suicide 14 years
57
What are the 2 different ways some one can aid or abet suicide? (Combo of elements)
- ICP person commit suicide and they commit/attempt as consequence - Aid/Abet person in commission of suicide
58
Under section 180(3) what does suicide pact mean?
Common agreement btw 2 or more ppl having an object of death of all of them
59
What is section 181?
Concealing dead body of child 2 years
60
Section 181 creates offence to conceal body of dead child. What is child intended to mean and how many people must the birth be intended to be concealed from?
Child intended to mean of comparatively recent birth. Concealing the birth from a particular individual is sufficient (even if others knew)
61
What is infanticide?
When a mother has killed her child as result of her mind being unbalanced due to effects of birth/lactation
62
What types of things fall into the category of dangerous things discussed in section 156 CA 61?
- motor vehicles - trains - ships - animals - weapons - machinery
63
What does section 18 of EV act 06 - general admissibility of hearsay say?
Hearsay statement admissible in any proceeding if: Circ”s of stmt provide reasonable assurance it’s reliable AND EITHER Maker of stmt unavailable or Undue delay if required to be witness
64
What circumstances of a statement are considered to determine if there’s reasonable assurance the stmt is reliable?
Nature Contents Circumstances making stmt Veracity person Accuracy observations
65
Definition of “justified”?
Person is not guilty of offence and not liable civilly
66
Definition of “protected from criminal responsibility”?
Person is not guilty of offence but civil liability may arise
67
Outline the necessary knowledge to void a defence due to age under section 22? (Children 10-14)
No conviction unless he knew the act or omission was wrong or that it was contrary to law
68
Caselaw: R v F + F?
Crown must adduce best evidence possible in the circumstances in order to prove the victims age
69
What is the presumption re sanity under section 23(1) - insanity?
Everyone presumed to be sane at time of offence until contrary proved
70
Further, under section 23 CA 61, (insanity), a person won’t be convicted if an act/omission is done when labouring under natural imbecility or disease of the mind to such an extent to render him Incapable. Incapable of what? (2 things)
Understanding nature/quality of act Knowing act/omission morally wrong w regard to commonly accepted standards of right and wrong
71
Caselaw: R v COTTLE? (Degree proof suff if…)
degree of proof, sufficient if plea is established to satisfaction of jury w/o necessarily excluding all reasonable doubt
72
Caselaw: R v CLARK? (Decision accused insanity)
Decision to accused insanity always for jury and a verdict inconsistent w medical EV is not unreasonable. But where unchallenged medical evidence is supported by the surrounding facts a jury’s verdict must be founded on that evidence
73
The M’naghten’s rules are frequently used to establish whether or not a defendant is insane. What did they did not know?
- nature and quality of their actions Or - what they were doing was wrong
74
Caselaw: R v CODERE?
Nature and quality of act means physical character of act. Phrase does not consider accused’s moral perception
75
Define automatism?
A state of total blackout, person not conscious of actions nor in control of them
76
Caselaw: R v COTTLE (Doing something w/o knowledge…)
Doing something w/o knowledge or memory of having done it. A temporary eclipse of consciousness leaving person still able to exercise bodily movements
77
What is the culpability if automatism is found or established?
Common law rule of no criminal liability
78
What are the 2 types of automatism?
Sane automatism Insane automatism
79
What are 3 categories of sane automatism?
Somnambulism (sleep walking) A blow to head Effect of drugs
80
On intoxication, the general rule has been that intox may be a defence to the commission of an offence if….? (3 things)
- where intox causes disease of mind to bring S23 insanity to effect - drunkenness such plead lack of intent - intox causes automatism
81
In Caselaw R v KAMPELI it makes it clear all you need to establish to succeed as a defence for intox is to establish what?
Reasonable doubt about DEF state mind @ time offence
82
Is ignorance of the law a defence and what section deals with this issue?
Ignorance is not an excuse for any offence as per s25 CA 61
83
What type of defence does a child under 10 have?
An absolute defence
84
What is the standard of proof required to prove insanity defence?
On balance probabilities
85
Is the term disease of the mind a question of fact for jury to decide or a question of law for judge to decide?
Question law - judge
86
Under s24 CA 61 a person has a defence of compulsion where they have been compelled to commit an offence under threat of death/GBH. What must their belief be in relation to the threats and what must they not be party to?
Genuinely believe the threats and mustn’t be a party to any association or conspiracy
87
Caselaw: R v JOYCE
Court appeal decided that the compulsion must be made by person present when offence committed
88
Is bona fide mistake or ignorance as to matters of fact available as a defence?
Yes
89
What is the courts approach to proposals of “entrapment” as a defence?
The courts have rejected entrapment as a defence and rely on trial judge discretion to exclude unfair evidence
90
How does entrapment occur?
When an agent of enforcement body deliberately caused a person to commit an offence so they can be prosecuted
91
In assessing fairness when considering entrapment and whether to allow the evidence the court will assess the fairness by examining 2 things?
Reason def targeted Way agent involved in initiation of offending
92
Caselaw: POLICE v LAVELLE
Permissible for U/C’s to merely provide ottorpunity for someone ready and willing to offend as long as they didn’t initiate that willingness
93
Section 48 CA 61?
Justified in using force in defence of himself or another and force used is reasonable
94
The test for force used and being permitted is a subjective one. 3 criteria are looked at in this subjective test, what are they?
1- what circ”s that the defendant genuinely believes exist 2- do you accept def genuinely believes 3- is force used reasonable in these circs believed
95
A written notice of alibi must be given to the prosecutors with the particulars. When must it be given by?
Within 10 working days after defendant receives notice under section 20
96
What is compulsion?
The act of compelling someone to do something against their will
97
Who decides whether there is evidence of self defence?
The judge
98
What does alibi mean?
Being elsewhere at the material time

CIB Modules 22/23 - Mwby42 (10 decks)

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