Murder and MANSLAUGHTER Flashcards
Murder defined
Culpable homicide is murder in each of the following
a) if the offender means to cause the death of the person killed
b) if the offender means to cause 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) if the offender means to cause death, or, is being 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) if the offender for any unlawful object does an acr 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 any one
Further definition of murder
Culpable homicide is also murder whether the offender means or does not mean death to ensue, or knows or does not know death is likely to ensue
a) causes GBH commission, flight, avoid for the purpose of resisting lawful apprehension in respect to any offemce and death ensues from such injury
b) administers and stupefying or overpowering thing and death ensues
c) wilfully stops breath and death ensues from such stopping of breath
Intent to cause death (charging)
Intended to cause death
Knew that death was likely to ensue
Was reckless that death would ensue
Cameron
Defendabt recognized that there was a real possibility that
- his/her actions would bring about the prescribed result and/or
- the prescribed circumstances existed and
Having regard to those risks those actions were unreasonable
Piri
Recklessness involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused under 167(b) and (d) must be more negligible or remote. The accussef must recognize a real or substantial risk that death would be caused
Desmond
Not only must the object be unlawful, but also the accussed must know thst his acr is likely to cause death. It must be shown that his knowledge accompanied the act causing death
Unlawful object (court)
Whether the defendant knew the acts were likely to cause death and
- whether the defendants original intent of indecent assault amounted to an unlawful act
Parties to offences
Where 2 or more people form a common intention to prosecute any unlawful purpose, and to assist each other thearin, each of the party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offencd was known to be a probable consequence of the prosecution of the common purpose
Punishment
Imprisonment for life
102 of sentencing act
102 life unless given the circumstances of the offence and the offender, a sentence of imprisonment for life would be manifestly unjust
If not court provide written reasons for not doing do
Attempts
Intent to commit offence does or omits an act for the purpose of accomplishing his object, guilty of attempts whether in the circumstances it was possible to commit the offence or not
Question of law if acts done or omitted is prep or attempts
Act done or omitted with intent to commit offence may constitute an attempt if it immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit the offence
Murphy
When proving an attempt to commit an offence it must be shown that the accused intentions was to commit the substantive offence.
Proximate
The defendant must have started to commit the full offence and have gone beyond phase of preparation. “All but” rule
Several acts
Independent acts may look like prep but collectively may amount to attempts
Harpur- the court may have tegard to the conduct viewed cumulus to the point when the conduct in question stops.. the defendants conduct may be considered in its entirety
Attempt to murder punishment
Counseling or attempting to procure murder
Term not exceeding 14 years
Not exceeding 10
Conspiracy to murder
Accessory after the fact
10 years
7 years
