definitions Flashcards
Unlawful act
Means any breach of any act regulation rule or bylaw
Define an attempt
s72
Everyone who having intent to commit an offence does or omits an act for the purpose of accomplishing his object is guilty of an attempt
Voluntary manslaughter
Mitigating circumstances such as suicide pact, reduce what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause gbh
Involuntary manslaughter
Covers unlawful killing in which death is caused by a unlawful act or gross negligence. No intention to kill cause gbh
Manslaughter
Culpable homicide which does not amount to murder is manslaughter.
S150a STANDARD OF CARE APPLICABLE TO PERSONS UNDER LEGAL DUTIES OR PERFORMING UNLAWFUL ACTS
2) A person is criminally responsible for omitting to discharge a legal duty or performing an unlawful act to which this applies if the act or omission is a major departure for the standard of care expected of a reasonable person to whom that legal duty applies or who performs that unlawful act.
dangerous thing
`s156 is defined the term as anything whatever to be a very broad definition
Includes vehicles trains animals, ships weapons, machinery or explosvives
NOVUS ACTUS INTERVENIENS
An intervening act which breaks the chain of causation.
Justified
Means that the person is not guilty of an offence and not liable civilly.
Protected from criminal responsibility
Not guilty of a offence but may be civilly liable
Infancy
S21
No person under 10 shall be convicted of an offence by reason of any act done by him under the age
of 10
s22
Children between 10-14
No person shall be convicted of an offence done by him between 10-(under)14 unless he knew that the act or omission was wrong or contrary to law
Define insanity
Everyone is presumed to be sane at the time of doing or omitting any act until the contrary is proved
No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him capable of:
-Understanding the nature and quality of the act or omission
-Of knowing that the act or omission was morally wrong having regard to the commonly accepted standards of right and wrong.
Insanity before or after the time he did that act and insane delusions though only partial may be evidence that the offender was at the time in such a condition of mind as to render him irresponsible for the act or omission.
Disease of the mind
Said to be: a term which defies precise definition and which can comprehend mental derangement in the widest sense.
Morally wrong
Test is that the defendant knew that his act was morally wrong, they do not need to know that it is legally wrong.
If someone cannot understand their act is morally wrong they lack rational understanding
They may acknowledge the result of societies reasoning that their actions are morally wrong but unable to go through the reasoning process\ themselves
AUTOMATISM
State of total blackout, during which a person is not conscious of their actions and not in control of them.
