Progress Test 2

Question 1

If an offender intends to kill A but inadvertently strikes the fatal blow to B, is the offender still guilty of murder?

Answer 1

Yes the offender’s guilty is not affected, under section 167(1)(c) it states that if a person means to cause death to a person by mistake or accident kills another, then it is murder.

Question 2

In the charge of attempt to murder what is the Crown required to prove?

Answer 2

The Crown must prove the mens rea and actus rea set out in section 72. Intention to kill must be proven.

Question 3

Define voluntary manslaughter?

Answer 3

Voluntary manslaughter means there were mitigating circumstances that reduced the offence from murder to manslaughter even though there was an intention to kill or cause grievous bodily harm, an example of this is SUICIDE PACT.

Question 4

Define involuntary manslaughter?

Answer 4

Involuntary manslaughter covers those types of situations where there is an unlawful killing in which death is caused by criminal negligence, in such cases there has been no intention to kill or cause grievous bodily harm.

Question 5

When considering what charge to press in a case where someone has been killed in a sudden fight, what issues do you need to consider?

Answer 5

Need to consider:

• was there self- defence under section 48
• was there requisite mens rea for a murder/manslaughter charge.