Murder

Question 1

What does Gillon suggest about ‘wicked’?

Answer 1

It is the absence of a valid justification or excuse.

Question 2

What is the tripartite test for wicked recklessness?

Answer 2

Intention to perpetrate great bodily harm
Harm was such that it might result in death
Harm showed utter indifference to whether victim lived or died.

Question 3

Which case confirms the tripartite test?

Answer 3

Purcell

Question 4

What case suggests that intentionally running a high risk is equivalent to the intention to injure. Thus can constitute wicked recklessness

Answer 4

Petto

Question 5

Why Is Hartley considered to be a mis-direction?

Answer 5

Because the intention to do excessive bodily harm is not itself sufficient for the mens rea of murder.

Question 6

What case errs in stating that the use of lethal weapons automatically constitutes mens rea? Why is this misguided?

Answer 6

McGuiness. It does not automatically mean mens rea is there but it can make establishing the tripartite test much simpler.

Question 7

What case states that the accused conduct before, during and after the incident may be used as evidence as to the accused utter indifference to the victims life.

Answer 7

Halliday