Murder Flashcards
When is homicide considered murder?
s167:
(a) If the offender means to cause the death of the person killed.
(b) If the offender means to cause 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) If the offender means to cause death, or, being so reckless, means to cause bodily injury to one person and by accident or mistake kills another person, though he does not mean to hurt the person killed.
(d) If the offender 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.
s168:
(a) If he means to cause grievous bodily injury for the purpose of facilitating the commission of an offence listed in (2) of this section, or facilitating flight/avoiding detection of the offender or resisting lawful apprehension of any offence whatsoever, and death ensues from that injury.
(b) If he administers any stupefying or overpowering thing for any of the purposes above and death ensues from the effects.
(c) If he by any means wilfully stops the breath of any person for any of the reasons listed above, and death ensues from the stopping of breath.
What are the standards of mens rea required for the definitions of murder under s167?
The defendant:
• Intended to cause death; or
• Knew that death was likely to ensue; or
• Was reckless as to whether death would ensue.
What is the level of risk required in definitions of homicide that require recklessness?
The degree of the risk of death foreseen by the defendant under s167(b) or (d) must be more that negligible or remote. The accused must recognise a “real and substantial risk” that death would be caused. (R v Piri)
What is the punishment for murder?
Everyone who commits murder is liable for imprisonment for life. - Section 172 Crimes Act 1961
A person convicted of murder must be sentenced to life imprisonment unless it would be manifestly unjust. Written reasons must be given if life imprisonment is not imposed. - Section 102 Sentencing Act 2002
What is the mens rea requirement for attempted murder?
When proving an attempt to commit an offence it must be shown that the accused’s intention was to commit the substantive offence. For example, in a case of attempted murder it is necessary for the Crown to establish an actual attempt to kill. (R v Murphy)
Under what circumstances would you consider a charge of counselling or attempting to procure murder as opposed to charging the offender as a party to murder?
When the murder is not committed.
