Questions #1

Question 1

Penalty for attempted murder

Answer 1

Everyone who attempts to commit murder is liable for a term of imprisonment not exceeding 14 years

Question 2

Define R v Tarei

life-support

Answer 2

Withdrawal of any form of life-support is not ‘treatment’ under s.116 ca61. To withdraw life-support does not cause death but removes the possibility of extending a persons life through artificial means

Question 3

Section 181 CA61

Concealing dead body of a child

Answer 3

Everyone is liable for a term of imprisonment not exceeding 2years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, during or after birth

Question 4

Youth facing murder / manslaughter charge appears in which court?

Answer 4

YP over 14 appear initially in the YC then maters transferred to the HC. Under provisions of the CYFS Act

Question 5

Question of Law regarding to a disease of the mind is answered by whom?

Answer 5

Judge

Question 6

Accused state of mind at the time of the offence is determined by?

Answer 6

Jury

Question 7

R v Kampeli

what was held

Answer 7

Does not have to be show that the defendant was incapable of forming mens rea, merely that because of their drunken state, they did not have the proper means to be guilty

Question 8

What is the burden of proof for insanity

Answer 8

Accused not require to prove the defence of insanity beyond reasonable doubt, BUT to the Jury on the balance of probabilities

Question 9

Section 153 CA61, what is the relevant age

Answer 9

Under 16 years

Question 10

Who decides the mothers state of mind in infanticide

Answer 10

Jury

Question 11

Section 22(3)(a) Criminal Disclosure Act (section 1) must include;

Answer 11

name and address of the witness or if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness.

Question 12

Before a conviction can be obtained for manslaughter, where one of the sections referred to is 150A (1) CA61, what must the prosecution prove?

Answer 12

A very high degree of A very high degree of negligence or gross negligence

Question 13

Proximity is a question of law decided by whom?

Answer 13

The judge

Question 14

Written notice of an alibi is to be given to the defendant

Answer 14

Within 10 working days after the defendant is given notice under S20 of the criminal Disclosure Act 2008