Homicide Law 4.2 Flashcards
- What was held in R v Ranger?
If this accused did really think that the lives of herself and her son were in peril
because of the deceased, enraged after the struggle, might attempt to shoot them with a rifle near at hand,
then it would be going too far, we think, to say that the jury could not entertain
a reasonable doubt as to whether a pre-emptive strike with a knife
would be reasonable force in all the circumstances.
- Provide three guidelines in respect of consent regarding assault.
- Everyone has a right to consent to a surgical operation.
- Everyone has a right to consent to the infliction of force not involving bodily harm.
- No one has a right to consent to their death or injury likely to cause death.
- No one has a right to consent to bodily harm in such a manner as to amount to a breach of the peace, or in a prize fight or other exhibition calculated to collect together disorderly persons.
- It is uncertain to what extent any person has a right to consent to their being put in danger of death or bodily harm by the act of another.
- In common law, allegations of culpable homicide have been supported where the offenders have caused death by particular circumstances. Name any four of these circumstances.
· Committing arson
· Giving a child an excessive amount of alcohol to drink
· Placing hot cinders and straw on a drunk person to frighten them
· Supplying heroin to the deceased
· Throwing a large piece of concrete from a motorway over bridge into the path of an approaching car
· Conducting an illegal abortion.
- In relation to Section 160(2)(d) of the Crimes Act 1961,give two practical examples of culpable homicide which has been caused by the victims actions, prompted by threats of fear of violence
- Jumps or falls out of a window because they think they are going to be assaulted
- Jumps into a river to escape an attack and drowns
- Who has been assaulted and believes their life is in danger, jumps from a train and is killed.
- To establish proof of death, in relation to homicide, you must prove three key elements, they are:
· Death occurred
· Deceased is identified as the person who has been killed
· The killing is culpable.
· Death can be proved by direct and/or circumstantial evidence.
- What is the definition of the period “a year and a day” as outlined in section 162(2) of the Crimes Act 1961?
The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place.
- Section 168(1)(a) of the Crimes Act 1961 refers to the term “grievous bodily injury” what does this mean and give an example of such an injury:
In subsection (1)(a), “grievous bodily injury” means harm that is very serious, e.g injury to a vital organ.
- In the test for proximity, Simester and Brookbanks (Principles of Criminal Law 224) suggest the following questions should be asked in determining the point at which an act of mere preparation of committing a crime may become an attempt. What are those two questions?
· Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt?
Or
· Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?
- Give an example when murder might be reduced to manslaughter even though the accused intended to kill or cause grievous bodily harm
Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder to manslaughter, even though the accused may have intended to kill or cause grievous bodily harm.
- What is involuntary manslaughter?
Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or to cause grievous bodily harm
- Define Alibi
“An alibi is the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere”
- What must the Defendant include in a notice of alibi?
The name and address of the witness or, if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness.
- Define “Attempts” under section 72(1) of the Crimes Act 1961
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 commit the offence or not.
- Outline culpable homicide section160(1) & (2) of the Crimes Act 1961
(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 willfully frightening a child under 16 or sick person.
- Explain what is meant by section 160(2)(b) of the Crimes Act 1961, omission to perform a legal duty.
This covers cases where nothing is done when there is a legal duty to act, and certain cases of positive conduct accompanied by a failure to discharge a legal duty, in particular a duty of care.
