Short Answer 3 Flashcards
Define attempts
- 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
Outline culpable homicide
- homicide may be culpable or not culpable
- homicide is culpable when it consists of the killing of any other person
A) by an unlawful act
B) by an omission without lawful excuse to perform or observe any legal duty
C) by both combined
D) by causing that person by threats or fear of violence, or by deception to do an act which causes their death
What is meant by to perform legal duty
This covers cases where nothing is done when there is legal duty to act
And in certain cases of positive conduct accompanied by a failure to discharge a legal duty
In particular a duty of care
Define wilfully frightening
Intending to frighten or at least be reckless as to this
Adams on criminal law
R v Horry
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
What are the legal duties of a parent?
Everyone who is a parent or person in place of a parent who has actual care and charge of a child under 18 is under a legal duty to provide
A) that child with the necessary’s
B) take reasonable steps to protect that child from injury
Ingredients of abandoning a child
Everyone is liable for a term not exceeding 7 years who wilfully abandon or exposes any child under the age of 6
Culpability for children under 10 and children 10-13
Under 10 - has an absolute defence to any charge brought against them.
Nevertheless even though the child can not be convicted you still have to establish whether or not they are guilty.
10-13 - it must be shown that the child knew their act was wrong or contrary to law.
If this knowledge cannot be shown, the child can not be criminally liable for the offence.
Define insanity
No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the kind to such an extent as to render him incapable
A) of understanding the nature and quality of the act or omission
B) of knowing that the act or omission was morally wrong, having regard for the commonly accepted standards of right and wrong
R V Cottle
As to degree of proof, it is sufficient if the plea is established to the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt.
R V Lipman
Where automatism is brought about by a voluntary intake of alcohol or drugs the courts may be reluctant to accept that the actions were involuntary or that the offence lacked intention
What is a strict liability offence
Any offence that does not require an intent is called a strict liability offence and the only way a defendant can escape liability for such an offence is to prove a total absence of fault.
What three points must be satisfied before a defence of compulsion can be used?
A person is protected from criminal responsibility if they have been compelled to commit the offence by someone at the scene who had threatened them that they would otherwise be killed of caused GBH.
The accused must of genuinely believed the threats
And not be a party to any association or conspiracy involved in carrying out the threats
Entrapment
Occurs when an agent of an enforcement body deliberately causes a person to commit an offence so that person can be prosecuted
Circumstances where culpable homicide is murder
A) an offender means to cause the death of the person killed
B) means to cause the person killed any bodily injury that is known to the offender to be likely to cause death and is reckless whether death ensues or not
