Multi Choice

Question 1

R v Cox

Consent

Answer 1

Consent must be full, voluntary, free and informed. It must be freely and voluntarily given by a person in a position to form a rational judgement.

Question 2

Outline Culpable Homicide Section 160 (1) & (2) - CA 1961 -

Answer 2

(1) Homicide may either be culpable or not culpable
(2) Homicide is culpable when it consists in the killing of any person -
(a) By an unlawful act
(b) By an omission without lawful excuse to perform or observe any legal duty
(c) By an unlawful act and and an omission to perform a legal duty
(d) By using threats, fear of violence or deception to make the victim do an act that leads to their death
(e) By wilfully frightening a child under 16 years of age or a sick person

Question 3

What is an ‘unlawful act’

Answer 3

It is a breach of any Act, regulation, rule or bylaw.

Question 4

Define the term ‘Suicide Pact’ - S180(3), CA 1962:

Answer 4

It is an agreement between two or more people to end their lives together. It doesn’t matter how they plan to do it, but for any actions taken to count as part of the pact, the person must have a clear intention to die as part of that agreement at the time of those actions.

Question 5

Homicide definition

Answer 5

It is the killing of a human being, directly or indirectly, by any means whatsoever.

Question 6

What is the penalty for attempted murder?

Answer 6

14 years

Question 7

Define R v Tarei:

Answer 7

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 person’s life through artificial means.

Question 8

Concealing a dead body of a child - Section 181 CA 1961:

Answer 8

Anyone who gets rid of a dead body of a child in any way to hide the fact that the child was born, whether the child died before, during, or after birth, can be imprisoned for up to 2 years.

Question 9

In which court does a youth facing a charge of manslaughter appear?

Answer 9

High Court but after the committal process in the Youth Court.

Question 10

A question of law relating to whether the condition is a disease of the mind is answered by whom?

Answer 10

The Judge.

Question 11

What was held in R v Kamipeli?

Answer 11

It does not have to be shown that the defendant was incapable of forming the mens rea, merely that, because of their drunken state, they did not have the proper state of mind to be guilty.

Question 12

What is the burden of proof for insanity?

Answer 12

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.

Question 13

What is the relevant age of the person’s who is employed? - Section 153 CA 1961:

Answer 13

Under the age of 16 years

Question 14

Where a charge of ‘Infanticide’ is laid, who decides on the ‘Mothers’ sate of mind?

Answer 14

The Jury.

Question 15

Pursuant to S22(3)(a) of the Criminal Disclosure Act 2008, the notice under subsection (1) must include:

Answer 15

The notice must include the witness’s name and address. If the defendant doesn’t know this information when giving the notice, they must provide any details that could help find the witness.

Question 16

Before a conviction can be obtained for manslaughter, where one of the sections referred to is S150A(1) CA 1961, what must the prosecutions prove?

Answer 16

A very high degree of negligence or gross negligence.
The expressions “very high degree of negligence” and “gross negligence” are not defined by statute.

Question 17

Proximity is a question of law decided by whom?

Answer 17

The Judge.

Question 18

Written notice of an alibi is to be given by the defendant:

Answer 18

Within 10 working days after the defendant has given notice under S20 of the Criminal Disclosure Act 2008.

Question 19

As a general guideline, most offences within the CA 1961, will require an intent (Mens Rea) of some kind. Outline a defence that would therefore be generally available?

Answer 19

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.

Question 20

Provide an overview of the culpability of persons involved in suicide pacts:

Answer 20

Any survivor of a suicide pact is guilty of being a party to a death (if death of another person with the pact ensues).