Definitions Flashcards
Definition of unlawful act:
Means a breach of any act, regulation or bylaw.
For homicide the act must be objectively dangerous - R v Myatt applies
Define recklessness
consciously and deliberately taking an unjustified risk
(R v Harney)
involves subjective test that offender aware of risks, and objective test that is was unreasonable for him to continue.
Definition of parties to an offence:
Act/section
Sec 66(2), CA1961 - Parties to offences:
where 2 or more persons form a common intention to carry out any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by one of them in carrying out the common purpose,
if the commission of that offence was known to be a likely consequence of carrying out that purpose.
What is the definition of an ‘attempt’, subsection (1)
Act/section
Sec 72, CA1961
1) everyone 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 the commit the offence or not.
What is the definition for accessory after the fact?
Act/section
71 CA 1961
(1) An accessory after the fact to an offence is one who, knowing any person to have been a party to an offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape after arrest or to avoid arrest or conviction.
definition of a Vulnerable adult
A person who is unable, by reason of detention, age, sickness, mental impairment or other cause, to withdraw himself from the care or charge of another person.
What is the definition of an ‘attempt’, subsection (3)
Act/section
Sec 72
3) an act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.
Definition of Culpable homicide - when is homicide culpable
Act / sec
S160 CA61
(1) Homicide may be either culpable or not culpable
(2) Homicide is culpable when it consists in the killing of any person—
(a) By an unlawful act; or
(b) By an omission without lawful excuse to perform or observe any legal duty; or
(c) By both combined; or
(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or
(e) By wilfully frightening a child under the age of 16 years or a sick person.
(3) Except as provided in section 178 of this Act, culpable homicide is either murder or manslaughter.
(4) Homicide that is not culpable is not an offence
definition of homicide?
S158 CA61
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.
Homicide must be culpable to be an offence
Definition of when a child becomes a human and when is killing of a child homicide?
act/section
S159 CA61
(1) A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.
(2) The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.
