HOMICIDE - Case Law

Question 1

R v Tomars

Answer 1

R v Tomars

s160(2)(d) relates Threats, fear of violence or deception.

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 the act that caused their death?
3. Was the act a natural consequence of the defendants actions, that reasonable and responsible people in the defendant’s position at the time could reasonably have foreseen the consequences?
4. Did the foreseeable actions of the victim contribute in a significant way to his death?

Question 2

Murray Wright Ltd

Answer 2

Murray Wright Ltd

Because the killing must be done by a human being, an organisation (such as a hospital or food company) cannot be convicted as a principal offender:

Question 3

R v Myatt

Answer 3

R v Myatt

A breach of any Act, regulation or bylaw under s160 must be an act likely to do harm to the deceased or to some class of persons of whom he was one.

Question 4

R v Horry

Answer 4

R v Horry

• Death should be provable by such circumstances that render it morally certain and leave no ground for reasonable doubt
• that the circumstantial evidence should be so cogent and compelling
• to convince a jury that no rational hypothesis other than murder can the facts be accounted for.

Question 5

R v Murphy

Answer 5

R v Murphy

When proving an attempt, it must be shown that–

• the accused’s intention was to commit the substantive offence.
• For example, in a case of attempted murder the Crown must establish an actual intent to kill:

Question 6

R v Harpur

Answer 6

R v HARPUR

• The court may regard conduct viewed cumulatively up to the point when it stops.
• The defendants conduct may be considered in its entirety, and
• Considering how much remains to be done is always relevant, thought not determinative.

Question 7

R v Mane

Answer 7

R v Mane

• For a person to be an accessory to murder, the offence must be complete at the time of their involvement.
• They cannot be convicted of accessory to murder when their involvement (actus reus) was before the offence of homicide was completed.

Question 8

R v Blaue

Answer 8

R v Blaue

Those who use violence must take their victims as they find them.