Murder Flashcards
Murder defined
Sec 167 CA61
Culpable homicide is murder in each of the following cases:
If the offender means to cause
(a) The death of the person killed
(b) 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) Death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he does not mean to hurt the person killed
(d) For any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting anyone
Further definition of murder
Sec 168 CA 61
(1) Cul-hom is also mur in each of the following cases, whether the off means or doesnot mean death to ensue, or knows or doesnot know that death is likely to ensue:
(a) If he means to cause GBI for the purp of facilitating the comm of any of the off mentioned in sub(2), or facilitating the flight or avoiding the detection of the off upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any off whatsoever, and death ensues from such injury
(b) If he administers any stupefying or overpowering thing for any of the purposes AFS and death ensues from the effect thereof
(c) If he by any means wilfully stops the breath of any per for any of the purposes AFS, and death ensues from such stopping of breath
Define Intent
Intent means that an act or omission must be done deliberately, it must be more than involuntary or accidental.
There must be an intention to:
Commit the act
Get a specific result
In this context, result means aim object or purpose
Intent to cause death
If you are charging a person with murder under Sec 167, you must show that the defendant:
Intended to cause death, or
Knew that death was likely to ensue, or
Was reckless that death would ensue
If such intent is not present the offence is manslaughter unless it falls within the provisions of infanticide
R v Cameron
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his actions would bring about the proscribed result, and/or
(ii) the proscribed circumstances existed, and
(b) having regard to that risk, those actions were unreasonable
To show that the defendant’s state of mind meets the provisions of sec 167(b), you must establish that the defendant:
Intended to cause bodily injury to the deceased
Knew the injury was likely to cause death
Was reckless as to whether death ensued or not
R v Piri (Reclessness)
Recklessness involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused under either Sec 167(b) or (d) must be more than negligible or remote. The accused must recognise a real or substantial risk that death would be caused
Killing in pursuit of an unlawful object
Sec 167(d) CA61
Examples and what issues the courts look at
Where death is caused by blowing up a prison wall to liberate prisoners
R v McKeown - home invasion to indecently assault a partially paralysed 68yr old woman. Bound and gagged her. Victim died from asphyxiation due to the injuries sustained before the indecent assault
The courts look at the following issues:
Whether the defendant knew the acts were likely to cause death
Whether the defendant’s original intent of indecent assault amounted to an unlawful object
R v Desmond
In relation to Sec 167(d), the object must be unlawful. Explain using the relevant case law what is required to satisfy this element
Not only must the object be unlawful, but also the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death.
Does the secondary party have to know that death was a probable consequence of carrying out the primary purpose?
No
It is not necessary to show that the secondary party knew the death was a probable consequence of their carrying out the primary purpose
When a party to an offence, does the secondary party have to know that the principle party might do the act that causes death?
Yes
The secondary party must know the principal party might do the act that causes death
What is the punishment for the offence of murder?
Sec 172 - life imprisonment
If an offender intends to kill A, but inadvertently strikes the fatal blow to B, is the offender still guilty of murder?
Yes. The guilt of the offender is not affected.
Sec 167(c) states that if the offender means to cause the death of one person and by mistake or accident kills another, even though he did not mean to hurt the other person, then it is murder
