Multi choice

Question 1

What is the unlawful act?

Answer 1

means a breach of any Act, regulation, rule or bylaw.

Question 2

Define homicide Section 158

Answer 2

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

Question 3

Define Killing of a child Section 159

Answer 3

159 - Killing of a child
(1) a child becomes a human being within the meaning of this act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not

(2) The killing of such a child is homicide if it dies in consequences of injuries received before, during, or after birth.

Question 4

Define Culpable homicide Section 160

Answer 4

Culpable homicide means the killing is blameworthy.

Culpable homicide

(1) Homicide may be either culpable or not culpable.
(2) Homicide is culpable when it consists in the killing of any person

(a) by an unlawful act; or
(b) by an omission without lawful excuse to perform or observe any legal duty; or
(c) by both combined; or
(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes causes his death; or
(e) By wilfully frightening a child under the age of 16 years or a sick person.
(3) Expect as provided in section 178 of this Act. culpable homicide is either murder or manslaughter
(4) Homicide that is not culpable is not an office.

Question 5

What is the penalty for attempted murder?

Answer 5

14 years

Question 6

In which court does a youth facing a charge of murder/manslaughter appears

Answer 6

First appearance in the Youth Court, before immediately being transferred to the High Court for trail.

Question 7

Disease of the mind if a questions of law for who to determine?

Answer 7

Judge. Although medical evidence may testify to their area of expertise, the final call as to whether or not the particular condition is a disease of the mind, is one of the judge to determine.

Question 8

What the accused’s state of mind was at the time of the offence is a question decided by whom?

Answer 8

The jury

Question 9

Where a charge of infanticide has been laid, who decides on the mothers state of mind?

Answer 9

The jury

Question 10

Proximity is a question of law decided by who?

Answer 10

The judge

Question 11

R V KAMIPELI (mens rea)

Answer 11

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

Question 12

Balance of proof for insanity

Answer 12

Balance of probabilities

Question 13

S153 CA61 What is the relevant age of the person who is employed?

Answer 13

Under 16

Question 14

Before a conviction can be obtained for manslaughter, where one of the section referred to is S150A(1) CA61, what must the prosecution prove?

Answer 14

A very high degree of negligence or gross negligence.

Question 15

Written notice of an alibi witness is to be given by the Defendant

Answer 15

• Within 10 working days after the defendant is given notice under S20 CDA08.

Question 16

R V COX (Consent)

Answer 16

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

Question 17

As a general guideline, most offences within the Crime Act 1961, will require an intent (mens rea) of some kind. Outline a defence that would therefore be generally available:

Answer 17

The defendant 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 18

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

Answer 18

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

Question 19

Outlines section 25 of the Crimes Act 1961, ignorance of the law:

Answer 19

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

Question 20

Section 150A - Standard of care

Answer 20

Before a conviction can be obtained for manslaughter where one of the sections referred to in section 150A(1) the prosecution must prove a very high degree of negligence or gross negligence. These terms are not defined by statue.