Part 1 Flashcards
Define “Attempts” under section 72(1) of the Crimes Act 1961.
(1) 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, whether in the circumstances it was possible to commit the offence or not.
Explain what is meant by section 160(2)(b) of the Crimes Act 1961 – “omission to perform a legal duty”.
This covers cases where nothing is done when there is a legal duty to act, and certain cases of positive conduct accompanied by a failure to discharge a legal duty, in particular a duty of care.
Define “willfully frightening”.
“Willfully frightening” is regarded as:” intending to frighten, or at least be reckless as to this”. Adams on Criminal Law
Explain R v Horry.
Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt –
that 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.
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.”
What is voluntary manslaughter?
Mitigating circumstances such as a suicide pact, reduce what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause grievous bodily harm.
Sec 152, duty of parent or guardian:
Everyone who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18yrs is under a legal duty –
(a) to provide that child with necessaries; and
(b) to take reasonable steps to protect that child from injury.
Sec 154, abandoning child under 6yrs:
Everyone is liable to imprisonment for a term not exceeding 7yrs who unlawfully abandons or exposes any child under the age of 6yrs.
Outline the culpability for children under 10 and children 10-13 years.
Under 10: A child aged under 10 years has an absolute defence to any charge brought against them.
Nevertheless, even though the child cannot be convicted, you still have to establish whether or not they are guilty.
10 - 13yrs: 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.
This is in addition to the mens rea and actus reus requirements. If this knowledge cannot be shown, the child cannot be criminally liable for the offence.
Define insanity sec 23 by completing the sentence.
(2) 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) and (b)
(a) Of understanding the nature and quality of the act or omission; or
(b) Of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.
Complete “McNaughton’s rules”.
a disease of the mind that they did not know:
- The nature and quality of their actions, or
- That what they were doing was wrong.
What was held in R v Cottle? (Automatism).
Doing something without knowledge of it and without memory afterwards of having done it –
a temporary eclipse of consciousness that nevertheless leaves the person so affected able to exercise bodily movements.
What was held in R v Lipman?
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.
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 for such an offence is to prove a total absence of fault
For example driving with excess breath alcohol
Section 24 of the Crimes Act 1961 provides the defence of compulsion:
(1) Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who is present when the offence is committed -
- is protected from criminal responsibility if he believes that the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion.
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.
Degree of force permitted (for self defence) is tested initially under the following subjective criteria:
- what are the circumstances that the defendant genuinely believes exist (whether or not mistaken).
- do you accept that the defendant genuinely believes those facts
- is the force used reasonable in the circumstances believed to exist
S160 Culpable Homicide:
1
(1) Homicide may be either culpable or not culpable.
(2) Homicide is culpable when it consists in the killing of any person—
(a) By an unlawful act; or
(b) By an omission without lawful excuse to perform or observe any legal duty; or
(c) By both combined; or
(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or
(e) by willfully frightening a child under the age of 16 years or a sick person.
S160 Culpable Homicide:
3) & (4
(3) Except as provided in section 178 of this act, culpable is either murder or manslaughter.
(4) Homicide that is not culpable is not an offence.
Muder Section 167 defined
(a) & (b)
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:
