Homicide Law - Murder and Manslaughter Offences Flashcards
What is Section 167 Murder Defined
167 Murder defined
Culpable homicide is murder in each of the following cases:
(a )If the offender means to cause the death of the person killed .
(b) If the offender intends to cause bodily injury they know is likely cause death, and they are reckless as to whether death ensues or not.
(c) If the offender intends to kill or is reckless causing bodily injury to one person, but accidentally or mistakenly kills another person.
(d) If the offender does an illegal act that they know is likely to cause death and someone ends up dying, even if they didn’t mean to hurt anyone.
What is Section 168 Murder Further Defined
168(1) Murder Further Defined:
(a) If the offender intended to cause grievous bodily injury in order to:
- facilitate the commission of certain listed offenses (168(2)) or,
- To facilitate the flight or, avoiding the detection of the offender upon the commission or attempted commission or,
- To resist the lawful apprehension in respect of any offence whatsoever, and
- Death ensues from such injury;
(b) If the offender administered a stupefying or overpowering thing for any of the above purposes, and death resulted from the effects of the thing.
(c) If the offender intentionally stopped the breath of another person for any of the above purposes, and death resulted from this action.
Define Intent
Deliberate act or omission with intent to obtain a specific result. Must be more than accidental or involuntary.
What intents must you prove for murder section 167?
The defendant:
- Intended to cause death, or
- knew that death was likely to ensue, or
- was reckless that death would ensue.
If such intent is not present the offence is manslaughter unless it falls within the provisions of infanticide.
Define reckless
Conscious and deliberate taking of an unjustified risk.
Cameron v R
Recklessness is established if:
(a) the defendant recongnised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result; and / or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable.
What is R v Piri
Recklessness involves a conscious and deliberate taking of an unjustified risk.
The risk of death foreseen by the defendant must be more than negligible or remote (under either s167(b) or (d)).
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 the accused must also know that his act is likely to cause death.
It must be shown that this knowledge accompanied the act causing death.
Define Grievous bodily injury
Harm that is very serious. Eg. serious damage to a vital organ.
Act, Section, Elements of Parties to Offences
Parties to Offences Section 66
(1) Everyone is a party to and guilty of an offence who -
(a) Actually commit the offence; or
(b) Does or omits an act for the purpose of aiding any person to commit the offence; or
(c) Abets any person in the commission of the offence; or
(d) Incites, counsels, or procures any person to commit the offence.
Explain Joint Responsibility / Probable Consequence
It must be shown that the secondary party knew it was a probable consequence that the principal might do an act that would cause someone’s death in carrying out the offence.
What is the punishment for Murder?
Mandatory Life imprisonment with a minimum of 10 years non-parole, unless a sentence of imprisonment for life would be unjust in which case the court needs to record the reason in writing.
What is R v Murphy
When proving an attempt to commit an offence, it must be shown that the accused intended to commit the substantive offence.
Eg. In a case of murder it is necessary to prove the intent to kill.
Act, Section and elements of Attempting to Commit an Offence
Section 72 Crimes Act 1961
- Intent to commit an offence
- Act - They did or omitted to do something to achieve the offence
- Proximity - Their act or omission was sufficiently close to the full offence.
Define Sufficiently Proximate
Section 72(3) outlines the accused must have acted sufficiently proximate to the full offence. Effectively the accused must have stated the full offence and gone beyond the point of mare preparation.
