EXAM Crimes Against The Person

Question 1

Define homicide

Answer 1

The unlawful killing of another person

Question 2

Define murder

Answer 2

Unlawful killing of another person with malice aforethought by a person of sound mind

Question 3

What are the 6 elements of murder?

Answer 3

Killing was unlawful- no lawful reason
Over age of discretion- must be at least 10 years old
Was a human being- not an animal
Accused was of sound mind- voluntary actions
Accused caused death- accused actions caused death
Malice aforethought existed- had intention to commit the crime

Question 4

Describe criminal negligence in terms of manslaughter

Answer 4

Accused must owe victim a duty of care. Accused’s actions must fall below expected standard of care which a normal person would exercise. Eg parent neglects medical treatment for child without it he would die

Question 5

Describe unlawful and dangerous acts in terms of manslaughter

Answer 5

Actions of accused were so unlawful and so dangerous that a reasonable person in the same situation would be aware of the consequences. Eg chiding throwing bricks onto freeway would not intend result of death