Homicide

Question 1

Define

Homicide and classifications

Answer 1

‘The killing of one human being by another’

Classifications:

• Justifiable
• Excusable
• Culpable

Question 2

What are the 4 elements of

Manslaughter

Answer 2

UL killing of another by either:

• UL and dangerous act OR
• Gross negligence (by act or omission)

4 elements prosecution to prove BRD

1. Accused committed act that caused the death
2. Relevant act committed consciously, voluntary, deliberately
3. Act was UL
4. Act was dangerous

To be UL the act must involve a breach of the criminal law.

While the offence most commonly relied upon to prove unlawfulness is assault other offences that have been relied upon include

• att assault
• att robbery
• burg
• UL administration of drugs
• Discharging of FA in public place

Dangerous Act requires jury to find that a reasonable person in the position of the accused would have realised that that he was exposing the deceased to an appreciable risk of serious injury

Question 3

What are the 2 limbs in the defence of

mental impairment

Answer 3

(A) Did not know the nature and quality of what they were doing OR

(B) Did not know that their conduct was wrong