Progress Test 1 Flashcards
Can an organisation be convicted of murder or manslaughter?
An organisation cannot be convicted of murder because it carries life term of imprisonment.
However it can be liable for manslaughter.
Section 160 of the Crimes Act 1961 defines what constitutes culpable homicide. What are the five ways set out in subsection (2) of this Act?
(a) any unlawful act OR
(b) any omission OR
(c) both combined OR
(d) any threats, or fear of violence or deception OR
(e) frightens child or any sick person
What is the legal view of consent to death?
No person can consent to their death.
Is a body required to prove the death of a person?
No, a body is not required however it must be morally certain that the circumstances are cogent and compelling to convince the jury that there is no rational hypothesis other than murder is drawn from the facts.
Would you be charged with any offence if you fatally injured another player during a rugby match? If so what might the charges be?
Games are non-culpable however if there was an act that is likely to cause serious injury then a person would be liable for manslaughter.
