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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
Q

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

A

If by any means wilfully stops breath of any person for purpose aforesaid and death ensues

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26
Q

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?

A

“IKR” intended/knew/reckless

  • intended to cause death
  • knew death likely ensue
  • reckless death would ensue
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27
Q

Caselaw: CAMERON v R?

A

Recognising real possibility actions would bring a proscribed result and actions were unreasonable

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28
Q

Caselaw/ R v PIRI

A

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

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29
Q

Caselaw: R v DESMOND?

A

object = unlawful
accused know act likely cause death.

His knowledge accompanied the act.

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30
Q

Parties to S66(2)

A

-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
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31
Q

What is the penalty and what section for murder?

A

Life- section 172

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32
Q

Section 102 sentencing act?

A

Offender convicted of murder must be sentenced to life unless in circ”s manifestly unjust.

Must give written reasons

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33
Q

Define attempts?

A

Section 72(1) CA61

  • having an intent to commit an offence
  • does or omits an act
  • for purpose of accomploshing their object
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34
Q

Caselaw: R v MURPHY?

A

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

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35
Q

What section is attempted murder and what 2 things must the crown establish?

A

Section 173

Establish the:
Mens rea (intent to kill)
Actus reus - (an attempt and sufficiently proximate)

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36
Q

Caselaw: R v HARPUR?

A

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

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37
Q

What is the penalty for attempted murder?

A

14 years

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38
Q

Section 174 and penalty?

A

Counselling/attempting to procure murder.

10 years

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39
Q

Section 175 and penalty?

A

Conspiracy to murder.

10 years

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40
Q

Section 176 and penalty?

A

AATF to murder

7 years

41
Q

Caselaw: R v MANE?

A

TBC an AATF the acts done must be after completion of the offence

42
Q

When you come across a killing that is result of a sudden fight what 2 points need considering?

A
  • self defence
  • The requisite mens rea for a murder charge
43
Q

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”

A

Defendant must:

1- intentionally do an act
2- act = unlawful
3- act = dangerous
4- act causes death

44
Q

What section is the major departure test under and what does that section state?

A

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
Q

The test to determine if a defendant is grossly negligent in the major departure test is objective. What is the essence of this test?

A

In regard to the risk of death involved the conduct of the defendant was so bad it amounts to a criminal act

46
Q

What is the punishment for manslaughter under section 177?

A

Life

47
Q

Associated murder charges include? (4)

A
  • attempt
  • counselling/att procure
  • conspiracy
  • AATF
48
Q

Common law defines 2 distinct types of manslaughter?

A

Voluntary manslaughter
Involuntary manslaughter

49
Q

What section is infanticide and the penalty?

A

178

3 years

50
Q

What type of homicide must the killing amount to in infanticide cases?

A

Culpable homicide

51
Q

With infanticide, what must you prove about the mothers mind?

A

It was disturbed as a consequence of the birth of that child or another

52
Q

What is a vulnerable adult?

A

Person unable by reason of:
Mental impairment
Age
Detention
Sickness

To withdraw themselves from care or charge of another

53
Q

Section 154 and penalty?

A

Abandoning a child under 6

7 years

54
Q

Caselaw: R v BLAUE
(Take/found)

A

Those who use violence must take their victims as they find them

55
Q

What does “novus Acus interviens” mean in English?

A

An intervening act that breaks the chain of causation

56
Q

Section 179?

A

Aiding and abetting suicide

14 years

57
Q

What are the 2 different ways some one can aid or abet suicide?
(Combo of elements)

A
  • ICP person commit suicide and they commit/attempt as consequence
  • Aid/Abet person in commission of suicide
58
Q

Under section 180(3) what does suicide pact mean?

A

Common agreement btw 2 or more ppl having an object of death of all of them

59
Q

What is section 181?

A

Concealing dead body of child

2 years

60
Q

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?

A

Child intended to mean of comparatively recent birth.

Concealing the birth from a particular individual is sufficient
(even if others knew)

61
Q

What is infanticide?

A

When a mother has killed her child as result of her mind being unbalanced due to effects of birth/lactation

62
Q

What types of things fall into the category of dangerous things discussed in section 156 CA 61?

A
  • motor vehicles
  • trains
  • ships
  • animals
  • weapons
  • machinery
63
Q

What does section 18 of EV act 06 - general admissibility of hearsay say?

A

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
Q

What circumstances of a statement are considered to determine if there’s reasonable assurance the stmt is reliable?

A

Nature
Contents
Circumstances making stmt
Veracity person
Accuracy observations

65
Q

Definition of “justified”?

A

Person is not guilty of offence and not liable civilly

66
Q

Definition of “protected from criminal responsibility”?

A

Person is not guilty of offence but civil liability may arise

67
Q

Outline the necessary knowledge to void a defence due to age under section 22?
(Children 10-14)

A

No conviction unless he knew the act or omission was wrong or that it was contrary to law

68
Q

Caselaw: R v F + F?

A

Crown must adduce best evidence possible in the circumstances in order to prove the victims age

69
Q

What is the presumption re sanity under section 23(1) - insanity?

A

Everyone presumed to be sane at time of offence until contrary proved

70
Q

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)

A

Understanding nature/quality of act

Knowing act/omission morally wrong w regard to commonly accepted standards of right and wrong

71
Q

Caselaw: R v COTTLE?
(Degree proof suff if…)

A

degree of proof, sufficient if plea is established to satisfaction of jury w/o necessarily excluding all reasonable doubt

72
Q

Caselaw: R v CLARK?
(Decision accused insanity)

A

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
Q

The M’naghten’s rules are frequently used to establish whether or not a defendant is insane. What did they did not know?

A
  • nature and quality of their actions
    Or
  • what they were doing was wrong
74
Q

Caselaw: R v CODERE?

A

Nature and quality of act means physical character of act. Phrase does not consider accused’s moral perception

75
Q

Define automatism?

A

A state of total blackout, person not conscious of actions nor in control of them

76
Q

Caselaw: R v COTTLE
(Doing something w/o knowledge…)

A

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
Q

What is the culpability if automatism is found or established?

A

Common law rule of no criminal liability

78
Q

What are the 2 types of automatism?

A

Sane automatism

Insane automatism

79
Q

What are 3 categories of sane automatism?

A

Somnambulism (sleep walking)
A blow to head
Effect of drugs

80
Q

On intoxication, the general rule has been that intox may be a defence to the commission of an offence if….?
(3 things)

A
  • where intox causes disease of mind to bring S23 insanity to effect
  • drunkenness such plead lack of intent
  • intox causes automatism
81
Q

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?

A

Reasonable doubt about DEF state mind @ time offence

82
Q

Is ignorance of the law a defence and what section deals with this issue?

A

Ignorance is not an excuse for any offence as per s25 CA 61

83
Q

What type of defence does a child under 10 have?

A

An absolute defence

84
Q

What is the standard of proof required to prove insanity defence?

A

On balance probabilities

85
Q

Is the term disease of the mind a question of fact for jury to decide or a question of law for judge to decide?

A

Question law - judge

86
Q

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?

A

Genuinely believe the threats and mustn’t be a party to any association or conspiracy

87
Q

Caselaw: R v JOYCE

A

Court appeal decided that the compulsion must be made by person present when offence committed

88
Q

Is bona fide mistake or ignorance as to matters of fact available as a defence?

A

Yes

89
Q

What is the courts approach to proposals of “entrapment” as a defence?

A

The courts have rejected entrapment as a defence and rely on trial judge discretion to exclude unfair evidence

90
Q

How does entrapment occur?

A

When an agent of enforcement body deliberately caused a person to commit an offence so they can be prosecuted

91
Q

In assessing fairness when considering entrapment and whether to allow the evidence the court will assess the fairness by examining 2 things?

A

Reason def targeted

Way agent involved in initiation of offending

92
Q

Caselaw: POLICE v LAVELLE

A

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
Q

Section 48 CA 61?

A

Justified in using force in defence of himself or another and force used is reasonable

94
Q

The test for force used and being permitted is a subjective one. 3 criteria are looked at in this subjective test, what are they?

A

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
Q

A written notice of alibi must be given to the prosecutors with the particulars.
When must it be given by?

A

Within 10 working days after defendant receives notice under section 20

96
Q

What is compulsion?

A

The act of compelling someone to do something against their will

97
Q

Who decides whether there is evidence of self defence?

A

The judge

98
Q

What does alibi mean?

A

Being elsewhere at the material time

CIB Modules 22/23 - Mwby42 (10 decks)

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