Murder Flashcards
Under Section 167, what are the 4 instances where culpable homicide is murder?
a) means to cause death
b) means to cause the person killed bodily injury that is known to the offender to likely cause death and is reckless whether death ensues or not
c) means to cause death, injury or bodily injury to a person and by accident kills or mistake kills another person
d) does an act that he knows is likely to cause death and therefore kills any person
Under Section 168 what are the additional 3 instances where culpable homicide is murder?
a) means to cause grievous bodily injury for the purpose of facilitating the commission of an offence or facilitating flight or avoiding detection and death ensues.
b) stupefying and death ensues
c) stops the breath of any person and death ensues
What is a deliberate act?
“Intent” means that an act or omission must be done deliberately. Must be more than involuntary or accidental.
If you are charging an offender with murder under Section 167 you must show what?
That the defendant:
- intended to cause death or
- knew that death was likely or
- was reckless that death would ensue
Explain recklessness
Acting “recklessly” involves consciously and deliberately taking an unjustified risk
Jury’s role in murder trial
To decide whether the defendant knew that his or her actions at the time were likely to cause death
Explain Section 66 Parties to offences
Where 2 or more persons form a common intention to prosecute any unlawful purpose and assist each other therein each of them is parties to
Explain “grievous bodily injury”
Harm that is very serious, such as injury to a vital organ.
Do you need to prove that the secondary person knew death was probable to charge with Section 66 parties to
Not necessary to show that secondary person knew the death was a probable consequence of their purpose.
Must be shown that secondary party knew it was a probable consequence that the principal might ensue death
Explain Section 102 the presumption in favour of life imprisonment for murder
1) An offender who is convicted of murder must be sentenced to life imprisonment unless given the circumstances life is unjust.
2) If a court does not impose a sentence of imprisonment for life, it must give written reasons for doing so
What is the requirement for “intent” in Section 72 (attempts)
Only an intention to commit the offence will be sufficient.
Explain sufficiently proximate in relation to attempted murder
The defendant must have started to commit the full offence and have gone beyond the phase of mere preparation.
Explain how several acts together may constitute an attempt
Independent acts, which if looked at in isolation, might be preparatory can take on a different context when looked at collectively
Define Section 72 (1) Attempts
Everyone who having intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt whether in the circumstances it was possible to commit the offence or not
Determine proximity:
The determination o proximity is an inconclusive one and will come down to the circumstances as they exist for each individual offence being investigated.
