Murder Flashcards
Define murder.
The unlawful killing of another person with malice aforethought, by a person who is of the age of discretion and of sound mind.
What is murder (seriousness etc)?
The most serious homicide offence, a serious indictable offence, ‘category 1’ offence in Crimes act (means max life prison sentence)
What are the elements of murder?
- Victim was a person
- The accused caused the death
- Killing was unlawful
- Malice aforethought
- Accused was of sound mind
- Accused was over the age of discretion
Explain ‘the victim was a person’
A living being who has been born (not unborn baby)
Explain what is meant by ‘the accused caused the death’
The accused’s actions contributed significantly and substantially to death.
- does not have to be sole cause of death, must have unbroken causal link
Explain what is meant by ‘the killing was unlawful’
The accused did not have a lawful reason to cause the other person’s death
e.g war
Explain what is meant by ‘malice aforethought’
Must, at the time of the offence, had the intention to cause serious harm (not necessarily kill)
- Recklessness indifference (knew harm would be caused)
Explain what is meant by ‘accused was of sound mind’
sound mind is presumed, and means that, at the time of the offence, the accused knew right from wrong, and the nature of the offence.
What is the age of discretion?
In Victoria, it is 10 years old. This means you cannot be charged with a criminal offence under the age of 10, but from 10-13, you can be charged as long as doli incapax is proven, meaning you knew right from wrong.
What are some defenses for murder?
Self-defence, mental-impairment, duress, involuntary actions, sudden or extraordinary emergency.
Explain self-defence as a defence for murder.
Not guilty of murder if:
- believed their actions were necessary in self-defence
- actions were reasonable in circumstances they perceived them
Explain mental-impairment as a defence for muder.
Not guilty of murder if:
- at the time of the offence, suffering from mental illness and as a result:
- did not know what they were doing
- did not know conduct was wrong, or could not think like an ordinary person.
Explain duress as a defence for muder.
Not guilty of murder if, at time of offence, had reasonable belief that:
- threat of harm exists
- threat would be carried out unless offence was committed,
- committing offence was only reasonable way to avoid threatened harm.
What are the involuntary actions that can be used as a defence for murder?
(gross) Intoxication, accident and automatism
What role does statute law play in murder?
The consequence/punishment for murder is stated in statute law
