Murder Flashcards
Definition of Murder
Intentional and Unlawful killing of another human being
What type of Crime is a Murder
Common Law Crime
what are the elements of a murder
causing the death; of another human being; intent; and unlawfulness
What Case was used to describe the cause of death and the law applied
S v Tembani: The Two stage enquiry
factual enquiry: did accused in fact cause death of decease
legal enquiry: is the infliction of harm sufficiently linked to the death to attract liability
what does section 239(1) of the CPA state regarding death of another human
That Y must be a living human being
Apply the case S v Mshumpa regarding S239(1) of another human being
exception is to an unborn child who is born alive at the time of conduct. If the child breathed then the child is considered to have been born alive. Indepenent circulation is not necessary nor is proving that the child is entirely separate from the mother’s body.
what judgment has handed down in S v Mshumpa
the court found the foetus had no breath, therefore there was no conviction of murder
if an accused attacks someone with the intent to kill them but they are already dead, what will the accused be charged of
attempted Murder
can you kill another by omission
yes, if there is a legal duty to act
what was the case applying Intent for murder and how was the law applied
DPP v Pretorius describes the test for intention; the court states that intention is a subjective inquiry where the motive is irrelevant but plays a role in the sentencing stage. Proving the subjective intent of the accused is established by drawing inferences from facts i.e. weapon used, the extent of injury, and circumstances of the assault
regarding the unlawfulness of a murder describe the two cases that spoke to suicide/attempted suicide
Grotjohn and Paverett spoke to the assisted suicide of another human being. Grotjohn handed his wife a loaded gun and was charged with murder. Grotjohn told his wife to “shoot yourself because you’re a liability”. He was however acquitted due to the facts
the court concluded in Grotjohn that if assistance is effective cause of death then assistant is guilty murder
Paverett had filled a car full of gas fumes to kill his girlfriend and himself, however, they were both rescued and Paverett was charged with attempted murder.
what is attempted murder
it is an incomplete crime of murder
what are the elements of attempted murder
the same as murder
regarding attempted murder which cases were used to apply the law
Phiri and Msumpha. In the case Of Phiri, the accused engaged in sexual intercourse knowing their positive HIV status with an HIV negative person without using any preventative measures this entails intent in the form of dolus eventualis. The court convicted the accused of attempted murder.
Msumpha was convicted of attempted murder of his wife because the crime was incomplete.
