Multichoice Flashcards
What is an unlawful act?
A breach of any act, regulation, rule or bylaw
To establish death you must prove 3 things. What are they?
- Death occurred
- Deceased is identified as person who has been killed
- Killing is culpable
*Can be proved be direct and/or circumstantial evidence
167: Murder Defined
Culpable homicide is murder if:
(a). Offender means to cause death
(b). Offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death and is reckless whether death ensues or not
(c). offender means to cause death, or being reckless, means to cause such bodily injury to one person and by accident or mistake kills another person though he does not mean to hurt the person killed
(d). Offender for any unlawful object does an act he knows likely to cause death and thereby kills any person
Child aged 10-13 charged with murder or manslaughter. Where is the first appearance?
Youth Court and automatically transfers to high court
Young person 14-16 charged with murder or manslaughter, what court do they first appear?
Youth court then automatically transferred to high court
Section 23: Insanity
Insanity is being in capable of:
(a). Understanding the nature and quality of the act or omission
(b). Knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.
R v Codere: Insanity
The nature and quality of the act means the physical character of the act
Ignorance of the law
The fact that an offender is ignorant of the law is not an excuse for any offence committed by them.
This applies for foreigners as well.
Section 48: Self defence or self or of another
Everyone is justified in using in the defence of himself or another, such force as in the circumstances as he believes them to be, it is reasonable to use
Alibi
An alibi is the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere
When must the defence give notice of an alibi?
Within 10 working days
Wilfully frightening is regarded as…
Intending to frighten or at least be reckless as to this
Can you consent to death?
No, no one has the right to consent to being killed.
When charging an offender with murder under 167, you must show that the defendant:
- Intended to cause death or
- Knew that death was likely to ensure or
- Was reckless that death would ensue
The question whether an act done or omitted with intent to commit an offence is a question of what?
A question of law
An act done or omitted with intent to commit an offence may constitute an attempt if it is ? Or ? Connected with the intended offence
Immediately or proximately
What is the four point test for manslaughter?
- The defendant must intentionally do an act
- The act must be unlawful
- The act must be dangerous
- The act must cause death
What does the term “justified” mean?
“Justified” means that the person is not guilty of an offence and is not liable civilly.
What does the term “protected from criminal liability” mean?
It means the person is not guilty of an offence but civil liability may still arise
Can a child under 10 be convicted of an offence of any act?
No
Can a child between 10 to 13 be convicted of an offence?
No, UNLESS they knew the act or omission was wrong or contrary to the law
Does a child under 10 have a defence to any charge bought against them?
Yes, an ABSOLUTE DEFENCE.
However, you still must establish whether or not they are guilty l.
Is “disease of the mind” a question for the jury or judge?
Disease of the mind is a question of law for the judge. It is a legal question.
Automatism due to voluntary alcohol of drugs: the court may be reluctant to accept the actions were involuntary or that the offender lacked intention. True or false?
True
Before a conviction can be obtained for manslaughter (legal duties), the crown must prove either of what 2 things?
Very high degree of negligence or gross negligence
What is a vulnerable adult?
A person unable, by reason of detention, age, sickness, mental impairment or any other cause to withdraw himself from the care or charge of another person
