Murder and Manslaughter offences caselaw

Question 1

Cameron v R

Answer 1

Recklessness is established if:

(a) The defendant recognised that there was a real possibility that:

(i) His or her actions would bring about the proscribed result; and/or

(ii) That the proscribed circumstances existed; and

(b) Having regard to that risk those actions were unreasonable.

Question 2

R v Piri

Answer 2

Recklessness [here] involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused under either Sec.167(b) or (d) must be more than negligible or remote. The accused must recognise a “real or substantial risk” that death would be caused.

Question 3

R v Desmond

Answer 3

Not only must the object be unlawful, but also the accused must know that his act was likely to cause death. It must be shown that his knowledge accompanied the act causing death.