Murder Flashcards
what are the 4 elements of murder
the killing was unlawful, the accused acts were voluntary, the accused committed acts that caused the victims death and the accused acted with intent to kill or cause serious harm
What must be proven to prove that the killing was unlawful
The prosecution must prove the accused did not have a legal justification for causing the other persons death
What must be proven to prove that the accused acts were voluntary
The prosecution must prove the accused committed the acts when they were awake, aware and in control of their bodily actions
What must be proven to prove that the accused committed acts that caused the victims death
The prosecution must prove the accused committed acts that contributed significantly and substantially to the victims death
What must be proven to prove that the accused acted with intent to kill or cause serious harm
The prosecution must prove the accused acted with a guilty mind (i.e the mental element of a crime, mens rea existed at the time of the killing)
what are possible defences to murder
Self defence
Duress
Mental impairment
Sudden or extraordinary emergency
Automatism
Intoxication
Accident
what are impacts of the crime of murder
impact on victims which is loss of life and devastating impact on family and friends. Community which destroys public confidence in the police and makes the feel unsafe. And impact on accused which means may suffer shame and remorse and will also face long term of imprisonment
what is the defence of self defence
If the defendant reasonably believed they or someone else was in imminent danger of death or serious harm, and used necessary force to defend themselves, this could be a valid defense.
what is the defence of accident
if the death occurred unintentionally, without any criminal intent or negligence, the defense of accident may be applicable.
what is the defence of duress
argues that a person was compelled to commit a crime due to a threat of immediate and serious harm, and that the crime was the only reasonable way to avoid that harm.
what is the defence of mental impairment
argues that a person is not criminally responsible for an offence because they were not capable of understanding or controlling their actions at the time due to a mental impairment
what is the defence of automatism
the accused must show they had no control over their actions, performing them without conscious thought or intention
what is the defence of intoxication
allows a defendant to argue that their intoxication, negated the necessary mental state (mens rea) required for a specific intent crime
what is the defence of sudden or extraordinary emergency
allows an accused person to claim they are not guilty of an offense if their actions were a reasonable response to an emergency they reasonably believed was unavoidable by other means
