Miscellaneous Flashcards
Where a charge of infanticide is laid, who decides on the mother’s mind?
The jury
Legislation - Concealing dead body of child
Every one is liable to imprisonment for a term not exceeding 2 years who
disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during, or after birth.
Proximity is a question of law decided by whom?
The Judge.
Written notice of an alibi is to be given by the defendant?
Within 10 working days after the defendant is given notice under s20 of the CDA 2008.
Pursuant to s22(3) of the CDA 2008, the notice under ss(1) must include?
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 him that might be of assistance in finding that witness.
Before a conviction can be obtained for manslaughter, where one of the sections is referred to is s150A (1), what must the prosecution prove?
A very high degree of negligence or gross negligence.
As a general guideline, most offences within the Crimes Act will require an intent (Mens Rea) of some kind. Outline a defence that would therefore be generally available?
The defence of intoxication will be available to the defence to establish that the defendant did not have the required intent to carry out the offence.
What is the process against a child 10-13 or a young person 14-16 charged with murder or manslaughter?
Where a child or young person is alleged to have committed murder or manslaughter, they are usually dealt with under the youth justice provisions of the OT Act 1989.
Charges are filed in the District Court, the first appearance takes place at the Youth Court and then automatically transfers to the High Court for trial and sentencing.
R v Cox - Consent
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgment.
R v Tarei - Life support
To withdraw life support doesn’t cause death but removes the possibility of extending life through artificial means.
