O Flashcards
What are the three key elements to establish proof of death in homicide?
- Death occurred
- Deceased is identified as the person who has been killed
- The killing is culpable
Death can be proved by direct and/or circumstantial evidence.
What does the period ‘a year and a day’ refer to according to section 162(2) of the Crimes Act 1961?
The period shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place
This definition is crucial for legal considerations in homicide cases.
What is the definition of ‘grievous bodily injury’ as per section 168(1)(a) of the Crimes Act 1961?
‘Grievous bodily injury’ means harm that is very serious, such as injury to a vital organ
The stopping of the victim’s breath must be done ‘wilfully’ to fall under subsection (1)(c).
What are the two questions suggested by Simester and Brookbanks to determine if an act is an attempt?
- Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt?
- Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?
These questions help clarify the transition from preparation to an attempted crime.
Give an example when murder might be reduced to manslaughter.
Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder to manslaughter
This applies even if the accused intended to kill or cause grievous bodily harm.
What is involuntary manslaughter?
Types of unlawful killing where death is caused by an unlawful act or gross negligence without intention to kill or cause grievous bodily harm.
Involuntary manslaughter typically involves actions that are negligent or reckless but not intended to cause death.
Define Alibi.
The plea in a criminal charge of having been elsewhere at the material time; the fact of being elsewhere.
An alibi serves as a defense by providing proof that the accused was not present at the crime scene.
What must the Defendant include in a notice of alibi?
The name and address of the witness or, if unknown, any matter known by the defendant that might assist in finding that witness.
This requirement ensures that the defense can substantiate the alibi during trial.
Define ‘Attempts’ under section 72(1) of the Crimes Act 1961.
Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended.
This definition includes attempts regardless of whether the offence was actually possible to commit.
Outline culpable homicide section 160(1) & (2) of the Crimes Act 1961.
(1) Homicide may be either culpable or not culpable. (2) Culpable homicide occurs when it consists of killing by:
* An unlawful act
* An omission without lawful excuse to perform or observe any legal duty
* Both combined
* Causing a person by threats, fear of violence, or deception to act in a way that causes their death.
Culpable homicide is a serious offense and includes various forms of unlawful killing.
Explain what is meant by section 160(2)(b) of the Crimes Act 1961, omission to perform a legal duty.
Covers cases where nothing is done when there is a legal duty to act and cases of positive conduct accompanied by a failure to discharge a legal duty, particularly a duty of care.
This section emphasizes the responsibility individuals have under the law to act in certain situations.
Define ‘wilfully frightening.’
‘Wilfully frightening’ is regarded as intending to frighten, or at least being reckless as to this.
This definition implies a conscious decision to create fear in another person, which can have legal implications.
Explain R v Horry
Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt. The circumstantial evidence should be so cogent and compelling as to convince a jury that upon no rational hypothesis other than murder can the facts be accounted for.
This case emphasizes the standard of proof required in murder cases.
What was held in R v Harney?
[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.
This case clarifies the definition of recklessness in criminal law.
What are the legal duties of a parent/guardian under section 152 of the Crimes Act 1961?
A parent or guardian has a legal duty to:
* Provide that child with necessaries
* Take reasonable steps to protect that child from injury
This section outlines the responsibilities of parents or guardians towards children under 18.
What are the ingredients of section 154 of the Crimes Act 1961, abandoning a child under 6?
Everyone is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years.
This law addresses the serious offense of child abandonment.
Outline the culpability for children under 10.
A child aged under 10 years has an absolute defence to any charge brought against them. Nevertheless, it must be established whether or not they are guilty.
This highlights the principle that young children cannot be held criminally liable.
Outline the culpability for children aged 10-13 years.
For children aged between 10 and 13 years inclusive, it must be shown that the child knew their act was wrong or contrary to law. If this knowledge cannot be shown, the child cannot be criminally liable for the offence.
This establishes a threshold for criminal responsibility in this age group.
Define insanity.
No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable
(a) of understanding the nature and quality of the act or ommission, or
(b) of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.
This definition outlines the legal standard for insanity as a defense in criminal law.
What was held in R v Cottle regarding the burden of proof of insanity?
It is sufficient if the plea is established to the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt.
This case clarifies the standard of proof required for a defendant to establish a plea of insanity.
What was held in R v Lipman concerning automatism?
Where automatism is brought about by a voluntary intake of alcohol or drugs, the Court may be reluctant to accept that the actions were involuntary or that the offender lacked intention.
This highlights the distinction between involuntary actions and those influenced by voluntary substance use.
What is a ‘strict liability’ offence?
Any offence that does not require an intent is called a strict liability offence, and the only way a defendant can escape liability is to prove a total absence of fault.
Example: Driving with excess breath alcohol.
What three points must be satisfied before a defence of compulsion can be used?
- Compelled to commit the offence by someone at the scene who threatened death or grievous bodily harm.
- Accused must have genuinely believed the threats.
- Must not be a party to any association or conspiracy involved in carrying out the threats.
This defence protects individuals who are coerced into committing crimes under duress.
Explain entrapment.
Entrapment occurs when an agent of an enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.
This raises ethical concerns regarding law enforcement practices.
Under what circumstances is culpable homicide considered murder?
Culpable homicide is murder if:
* The offender means to cause the death of the person killed.
* The offender means to cause bodily injury likely to cause death and is reckless whether death ensues or not.
* if the offender means to cause death, or, means to cause bodily injury likely to cause death and is reckless as to whether death ensues or not, to one person, and by accident or mistake kills another person, though he did not mean to hurt the person killed:
* if the offender for any unlawful object, does an act that he knows is likely to cause death, and thereby kills any person, though he may have desired that his object should be rented without hurting any one.
These conditions outline the intent required for a charge of murder.
