Short Answer 41-50

Question 1

41. What was held in R v Lipman?

Answer 1

Where automatism is brought about by a voluntary intake of alcohol or drugs the Court may be reluctant to accept that the actions were involuntary or that the offender lacked intention.

Question 2

42. What is a “strict liability” offence?

Answer 2

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. Example: Driving with Excess breath alcohol.

Question 3

43. What 3 points must be satisfied before a defence of compulsion can be used?

Answer 3

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 or caused grievous bodily harm. The accused must have genuinely believed the threats and must not be a party to any association or conspiracy involved in carrying out the threats.

Question 4

44. Explain entrapment

Answer 4

Entrapment occurs when an agent of an enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.

Question 5

45. Give two circumstances where culpable homicide is murder

Answer 5

Culpable homicide is murder in each of the following cases;

(a) If the offender means to cause the death of the person killed:
(b) If the offender means to cause to 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:
(c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he does not mean to hurt the person killed:
(d) If the offender for any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one.

Question 6

46. Define “Legal Duty”

Answer 6

The expression “legal duty” refers to those duties imposed by statute or common law including uncodified common law duties:

Question 7

47. Outline section 163 of the Crimes Act 1961

Answer 7

No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16 years or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person.

Question 8

48. What is required state of mind for section 167(b) of the Crimes Act 1961?

Answer 8

To show that the accused’s state of mind meets the provisions of s167(b), you must establish that the accused:

• Intended to cause bodily injury to the deceased
• Knew the injury was likely to cause death
• Was reckless as to whether death ensued or not.

Question 9

49. You cannot use the defence of consent to assault in the following cases

Answer 9

• Aiding suicide
• Criminal actions
• Injury likely to cause death
• Bodily harm likely to cause a breach of the peace
• Indecency offences
• The placing of someone in a situation where they are at risk of death or bodily harm.

Question 10

50. Outline R v Blaue

Answer 10

Those who use violence must take their victims as they find them.