Murder and Manslaughter Offences - Short Answer

Question 1

What is the defninitaion of Murder in s167 of the Crimes Act

Answer 1

Culpable homicide is murder in each of the following cases:

(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, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he or she does not mean to hurt the person killed:
(d) if the offender for any unlawful object does an act that he or she knows to be likely to cause death, and thereby kills any person, though he or she may have desired that his or her object should be effected without hurting any one.

Question 2

What is the further definition of murder in s 168 of the crimes act

Answer 2

Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:

(a) if he or she means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (2), or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury:
(b) if he or she administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:
(c) if he or she by any means wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.

Question 3

Define “Intent”

Answer 3

In a criminal law context ther are two specific types of intention in an offnce.

Firstly, there must be an intention of commit the act, and secondly, an intention to get a specific result..

Question 4

Must what be shown in realtion to intect for a charge of murder under s167

Answer 4

It must be shown that the defendant:

• Intended to cause death, or
• Knew that death was likely to ensue, or
• was reckless that death would ensue.

Question 5

What does it mean to act Recklessly

Answer 5

Activing recklessly involves conciously and deliberately taking an unjustifiable risk.

It must be proved not only that the defendant was aware of the risk and proceesed regardless, but also that it was unreasonable for him to do so.

(Cameron v R)

Question 6

What must be established for a charged under s167(b)

Answer 6

It must be established that the Defendant:

• Intended to cause bodily injury to the deceased.
• Knew the injury was likely to cause death
• Was reckless as to whether death ensured or not.

Question 7

What is the punishment of Murder?

Answer 7

Everyone who commits murder is liable to imprisonmnet for life.

An offender who is convicted of murder must be sentenced to improsonment for life.

Question 8

What is the deffinition on an attempt

Answer 8

Everyone who, having an intent to commit an offence, does or omits an act for the purposes of acomplishing his object, is guilty of an attempt to commit the offence intended, wheter in the circumstances it was possible to commit the offence or not.

Question 9

What who questions are asked in establishing proximity of an act in relation to an atempted offence?

Answer 9

• Has the offender done anything more than getting himslef into a position from which he could embark on an actual atempt? OR
• Has the offender actually commence execition; that is to say he has taken a step in the actual offence itself?

Proximity is a question of law and will come down to the individual circumstances for each case.

Question 10

What is the penalty for attempted murder?

Answer 10

Everyone who attemptss to commit murder is liable to imprisonment for a term not exceeding 14 years.

Question 11

Penaltyies for Conspiracy to murder and Accessory after the fact to to murder?

Answer 11

• Conpiracy to murder: 10 years
• Accessory after the fact: 7 years.

Question 12

Explain voluntary manslaughter

Answer 12

Mitigating circumstances, such as a suicide pact, reduct what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause grevious bodily harm.

Question 13

Involuntary Manslaughter

Answer 13

An unlawful killing in which the death is caused by an unlawful act or gross negligence, but where there has been no intention to killl or cause grevious bodily harm.

Question 14

What two things must be considered when there is a killing as a result of a fight.

Answer 14

• Is the act justified as self-defence (proper vedict is an aquittal).
• Is the the necessary mens res (intent to kill). If absent, the proper verdict is manslaughter.

Question 15

What are the four points in the Newbury and Jones test for proving manslaughter by an unlawful act

Answer 15

• The defendant must intentionally do an act
• the act must be unlawful
• the act must be dangerous
• the act must cause death.

Question 16

What must the prosecution prove in relation to negligence for cases of manslaughter for sections referred to in s150A(1)

Answer 16

The prosecution must prove a “very high” degree of negligence, or “gross negligence”.

The omission or unlawful act must be a “major depature” from the expectations of a reasonable person.

Question 17

What test is applied in realtion to negligence.

Answer 17

The test to be applied in determining whether a defencant has been negligent, and whethre the negligence had been a major depature, is an objective test.