Multi Choice Flashcards
What is the penalty for attempted murder
Everyone who attempts to commit murder is liable for a term of imprisonment not exceeding 14 years
R V Tarei
Withdrawal of any form of life-support system is not treatment under section 166CA61
To withdraw life-support does not cause death but removes the possibility of extending the persons life through artificial means
Outline 181 CA61 - Concealing a dead body of a child
Everyone is liable to imprisonment overturn not exceeding two years
Who dispose of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before during or after birth
In which court does a youth facing a charge of murder or manslaughter appear
Young persons over 14 years of age are usually dealt with under the YJ provisions of the C YPF act although charges of manslaughter or murder will be heard in the High Court following the committal process in the youth court
A question of law relating to whether the condition is a disease of mind as answered by whom
The judge
What the accused state of mind was at the time of the offence is a question decided by whom
The jury
What was held in r v Kamipeli?
It does not have to be shown that the defendant was incapable of forming a mens rea, merely that, because of their drunken state they did not have the proper state of mind to be guilty
What is the burden of proof for insanity
The accused is not required to prove the defence of insanity beyond reasonable doubt, but to the satisfaction of the jury on the balance of probabilities
Section 153 CA61 What is the relevant age of a person who is employed
Under the age of 16 years
When a charge of infanticide as laid, who decides the mother’s state of mind
The jury
Pursuant to section 22 of the disclosure act the notice under subsection one must include
3) Without limiting subsection one
(A) Must include the name and address of the witness or, if the name and address are 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
Before a conviction can be obtained for manslaughter, we are one of the sections referred to in section 150A(1) CA61 what must the prosecution proof
Very high degree of negligence or gross negligence
Proximity is a question of law decided by who
The judge
As a general guideline, most offences within the crimes act 1961 will require an intent of some kind. Outline their 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
Provide an overview of the culpability of persons involved in suicide pacts
Any survivor of a suicide pact is guilty of being a party to a death, if death of another person within the pact ensues
