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Question 1

Define R v Cox

Answer 1

Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement.

Question 2

As a general guideline, most offences within the Crimes Act 1961, will require an intent (Mens rea) of some kind. Outline a defence that would therefore be generally available:

Answer 2

The defence of intoxication will be available to the defence to establish that the defendant did not have the required intent to carry out the offence

Question 3

Provide an overview of the culpability of persons involved in suicide pacts

Answer 3

Any survivor of a suicide pact is guilty of being a party to a death (if death of another person within the pact ensues)

Question 4

Outline section 25 of the Crimes Act 1961, ignorance of the law:

Answer 4

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

Question 5

Proximity relating to attempts:

Answer 5

Proximity is a question of law; it is a question that is decided by the judge based on the assumption that the facts of the case are proved.

Question 6

Section 150A:

Answer 6

Before a conviction can be obtained for manslaughter where one of the sections referred to in section 150A(1) the prosecution must prove a “very high degree” of negligence or “gross negligence”. The expressions “very high degree of negligence” and “gross negligence” are not defined by statute.

Question 7

Children aged 10-13 years of age charged with murder or manslaughter:

Answer 7

10-13 Year olds charged with murder or manslaughter (a category 4 offence) are usually dealt with under the youth justice provisions of the CYPF Act. However, charges of murder and manslaughter will be heard in the high court following the first appearance in the court in which the charging document was filed.

Question 8

Section 162 Crimes Act 1961:

Answer 8

162 Death must be within a year and a day (Applies to culpable homicide, murder, manslaughter and infanticide)

1) No one is criminally responsible for the killing of another unless the death takes place within a year and a day after the cause of death
2) The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place
3) Where the cause of death is an omission to fulfil a legal duty, the period shall be reckoned inclusive of the day on which such omission ceased
4) Where death is in part caused by an unlawful act and in part by an omission, the period shall be reckoned inclusive of the day on which the last unlawful act took place or the omission ceased, whichever happened last