Homicide related offences SA

Question 1

In charges of infanticide, who decides the mothers state of mind?

Answer 1

Jury

Question 2

Withdrawal of life support

Answer 2

In R v Tarei the Court held that the withdrawal of any form of life support system is not “treatment” under s166 CA 1961. To withdraw life support does not cause death but removes the possibility of extending the persons life through artificial means

Question 3

Circumstances to consider for the admissibility of a statement

Answer 3

• The nature of the statement
• The contents of the statement
• The circumstances relating to the making of the statement
• Circumstances relating to the veracity of the person making the statement
• Circumstances relating to the accuracy of the observation of the person.