Short Answer 21-30 Flashcards
- In relation to Section 160(2)(d) of the Crimes Act 1961,give two practical examples of culpable homicide which has been caused by the victims actions, prompted by threats on fear of violence
- Jumps or falls out of a window because they think they are going to be assaulted
- Jumps into a river to escape an attack and drowns
- Who has been assaulted and believes their life is in danger, jumps from a train and is killed.
- To establish proof of death, in relation to homicide, you must prove three key elements, they are:
- Death occurred
- Deceased is identified as the person who has been killed
- The killing is culpable.
- Death can be proved by direct and/or circumstantial evidence.
- What is the definition of the period “a year and a day” as outlined in section 162(2) of the Crimes Act 1961?
The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place.
- Section 168(1)(a) of the Crimes Act 1961 refers to the term “grievous bodily injury” what does this mean and give an example of such an injury:
In subsection (1)(a), “grievous bodily injury” means harm that is very serious, such as injury to a vital organ. To come within subsection (1)(c), the stopping of the victim’s breath must be done “wilfully”
- In the test for proximity, Simester and Brookbanks (Principles of Criminal Law 224) suggest the following questions should be asked in determining the point at which an act of mere preparation of committing a crime may become an attempt. What are those two questions?
- Has the offender done anything more than getting himself into a position from which he could embark on an actual attempt? Or
- Has the offender actually commenced execution; that is to say, has he taken a step in the actual crime itself?
- Give an example when murder might be reduced to manslaughter even though the accused intended to kill or cause grievous bodily harm
Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder to manslaughter, even though the accused may have intended to kill or cause grievous bodily harm.
- What is involuntary manslaughter?
Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or to cause grievous bodily harm
- Define Alibi
“An alibi is the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere”
- What must the Defendant include in a notice of alibi?
The 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.
- Define “Attempts” under section 72(1) of the Crimes Act 1961
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.
