I Flashcards
What are the subjective criteria to test the degree of force under Self Defence?
- Circumstances the defendant genuinely believes exist
- Acceptance of the defendant’s genuine belief
- Reasonableness of the force used in the believed circumstances
These criteria assess the defendant’s perspective and the context of their actions.
What must be established to show the defendant’s state of mind under Section 167(b) of the Crimes Act 1961?
- Intended to cause bodily injury to the deceased
- Knew the injury was likely to cause death
- Reckless as to whether death ensued or not
This section outlines the mental state necessary for a murder charge.
What constitutes murder according to Section 167 of the Crimes Act?
Murder is defined in the following cases:
* Means to cause death of the person killed
* Means to cause bodily injury likely to cause death and is reckless about death
* Accidentally kills another while intending to injure someone else
* Does an act likely to cause death for an unlawful object
This section provides a legal framework for defining murder.
What further definitions of murder are provided in Section 168?
Culpable homicide is also murder if:
* Means to cause grievous bodily injury to facilitate a crime mentioned in subsection (2)
* Means to cause grievous bodily injury to facilitate the flight or avoid detection of the offender upon the commission of a crime or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury
* if he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:
* if he by any means willfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.
This section expands the definition of murder beyond intent to kill.
True or False: A defendant’s mistaken belief about the circumstances can affect their claim of self-defense.
True
The subjective belief of the defendant is crucial in assessing self-defense claims.
Fill in the blank: Culpable homicide is murder if the offender means to cause ______.
the death of the person killed
This is one of the primary definitions of murder under the law.
In the context of murder, what does ‘reckless’ mean?
Being aware that one’s actions are likely to cause death but proceeding anyway
Recklessness is a key component in establishing culpability in murder cases.
