Definitions

Question 1

s158 CA’61 - Homicide

Answer 1

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

Question 2

Unlawful Act

Answer 2

means a breach of any Act, regulation, rule, or bylaw.

Question 3

s2 CA’61 - Justified

Answer 3

in relation to any person, means not guilty of an offence and not liable to any civil proceeding

Question 4

72(1) CA’61 - Attempts

Answer 4

Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 5

s178 CA’61 - Infanticide

Answer 5

Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.

Question 6

Voluntary Manslaughter

Answer 6

Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause grievous bodily harm.

Question 7

Involuntary Manslaughter

Answer 7

Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or to cause grievous bodily harm.

Question 8

General Admissibility of Hearsay

Answer 8

A hearsay statement is admissible in any proceeding if—
(a) the circumstances relating to the statement provide reasonable assurance that the
statement is reliable; and
(b) either—
(i) the maker of the statement is unavailable as a witness; or
(ii) the Judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness.

Question 9

Insanity

Answer 9

A disease of the mind to such an extent as to render him incapable—

(a) Of understanding the nature and quality of the act or omission; or
(b) Of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.

Question 10

Automatisim

Answer 10

Automatism can best be described as a state of total blackout, during which a person is not conscious of their actions and not in control of them.

Question 11

s48 CA ‘61 - Self Defence

Answer 11

Every one is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.

Question 12

Wilfully frightening

Answer 12

“Intending to frighten, or at least be reckless as to this”