Homicide Case Law Flashcards
Murray Wright Ltd
Because the killing must be done by a human being, an organisation cannot be convicted as a principal offender
R V Myatt
Before a breach of any Act, regulation or bylaw would be an unlawful act for the purposes of culpable homicide, it must be an act likely to do harm to the deceased.
R V Tomars
Formulates the issues in the following way:
1. Was the deceased threatened by, in fear of or deceived by the defendant?
2. If they were, did such threats, fear or deception cause the deceased to do an act that caused their death?
3. Was the act a natural consequence of the actions of the defendant, in a sense that reasonable and responsible people on the defendants position at the time could have reasonably foreseen the consequences?
4. Did the foreseeable actions of the victim contribute in a significant way to their death?
R V Horry
Death should be provable in such circumstances as render it morally certain and leave no ground for reasonable doubt - that the circumstantial evidence is so cogent and compelling as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for
Cameron V R
Recklessness is established if:
The defendant recognised that there was a real possibility that:
- his/her actions would bring about the proscribed result
- the proscribed circumstances existed
Having regard to that risk those actions were unreasonable
R V Piri
Recklessness [here] involves a concision risk taking. The degree of risk of death by the accused under either 167(b) or (d) must be more than negligible or remote. The accused must recognise a ‘real or substantial risk’ that death would be caused.
R V Desmond
Not only must the object be unlawful, but also the accused must know his act is likely to caused death. It must be shown that his knowledge accompanied the act causing death.
R V Murphy
When proving an attempt to commit and offence, it must be shown that the accused intention was to commit the substantial offence.
R V Harper
The court may have regard to the conduct viewed cumulatively up until the point when the conduct in question stops…. The defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant though not determinative.
R V Mane
For a person to be an accessory, the offence must be complete at the time of criminal involvement
R V Blaue
Those who use violence must take their victims as they find them
R V Forrest and Forrest
The best evidence possible in the circumstances must be adduced by the prosecution in proof of the victims age
R V Cottle
The degree of proof is sufficient if a plea is established to the satisfaction of a jury on the preponderance of probabilities without necessarily excluding all reasonable doubt.
R V Clark
The decision as to the accused insanity is always for the jury, a verdict inconsistent with medical evidence is not necessarily unreasonable. But, where unchallenged medical evidence is supported by surrounding fact, the jury’s verdict must be founded on that evidence which in this case shows that the accused did not and had not been able to know that his act was morally wrong
R V Codere
The nature and quality of the act means the physical character of the act. The phrase does not involve consideration for the accused moral perception nor his knowledge of the moral quality of the act.
