Progress Test 1

Question 1

Can an organisation (as opposed to a human being) be convicted of murder or manslaughter? Explain your answer

Answer 1

No. Because the killing must be done by a human being, an organisation cannot be convicted as the principal offender.

Question 2

Section 160 of the Crimes Act 1961 defines what constitutes culpable homicide. What are the five ways set out in subsection (2) of this section?

Answer 2

1. an unlawful act
2. an omission without lawful excuse to perform or observe any legal duty
3. an unlawful act and an omission to perform a legal duty
4. using threats, fear of violence or deception to make the victim do an act that leads to their death
5. wilfully frightening a child under 16 years of age or a sick person

Question 3

What is the legal view of consent to death?

Answer 3

The law does not recognise the right of a person to consent to their being killed (S163 of the Crimes Act 1961). As a consequence, their consent does not affect the criminal responsibility of anyone else involved in the killing

Question 4

Is a body required to prove the death of a person? Explain your answer with reference to case law R v Horry

Answer 4

No, a body is not required to prove death of a person has occurred. 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.

Question 5

Would you be charged with any offence if you fatally injured another player during a rugby match? If so, what might the charges be?

Answer 5

Normally you would not be charged with the killing of another player if they died from injuries you caused while playing rugby. However, you would be guilty of manslaughter if your actions were considered likely to cause serious injury, as you should have been aware of this at the time and refrained from the action.