Short Answer Questions (PART 2)

Question 1

To establish proof of death, in relation to homicide, you must prove three key elements, they are:

Answer 1

• 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.

Question 2

Section 168(1)(a) of the CA 1961 refers to the term “grievous bodily injury’’ what does this mean and give an example of such an injury?

Answer 2

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”.

if he or she means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (2), or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury.

Question 3

In the test for proximity, Simester and Brockbanks (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?

Answer 3

• 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?

Act(s) must be sufficiently proximate to the full offence. P29

Generally, to prove an attempt the defendant must have done or omitted to do some act(s) that is/are sufficiently proximate (close) to the full offence. Effectively, the defendant must have started to commit the full offence and have gone beyond the phase of mere preparation – this is the “all but” rule.

Question 4

Give an example when murder might be reduced to manslaughter even though the accused intended to kill or cause grievous bodily harm?

Answer 4

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.

Question 5

What is involuntary manslaughter?

Answer 5

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

Question 6

What is voluntary manslaughter?

Answer 6

Mitigating circumstances, such as a suicide pact, reduce what would otherwise be murder or manslaughter. The defendant may have intended to kill or cause grievous bodily harm.

Question 7

What must the Defendant include in a notice of alibi?

Answer 7

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.

Question 8

Section 72(1) CA 1961 - What is Attempts?

Answer 8

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.

Question 9

What are the elements of attempts?

Answer 9

1. Intent (men rea): there must be an intent tof commit the full offence
2. Act (actus reus): what was the act they did or omitted to achieve that end.
3. Proximity: the act or omission was sufficiently close

Question 10

Section 72(2) CA 1961 - Attempts?

Answer 10

The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.

When a charge of attempt to murder is made, the Crown must establish the mens rea and actus rea as set out in S72 CA 1961. An intention to kill must be proved.

Question 11

Section 160(2)(b) CA 1961 - Omission to perform a legal duty?

Answer 11

This covers cases where nothing is done when there is a legal duty to act, and certain cases of positive conduct accompanied by a failure to discharge a legal duty, in particular a duty of care.

Question 12

What is Wilfully frightening?

Answer 12

“Wilfully frightening” is regarded as:” intending to frighten, or at least be reckless as to this”. Adams on Criminal Law.

Question 13

What are the legal duties of a parent/guardian under Section 152 CA 1961?

Answer 13

Everyone who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty:

(a) To provide that child with necessaries; and
(b) To take reasonable steps to protect that child from injury.

Question 14

What is a “Strict liability’’ offence? Give an Example?

Answer 14

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.

Question 15

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

Answer 15

A person who commits an offence under compulsion by threats of imminent death or GBH is protected from Criminal responsibility if they believe the threats will be carried out. The belief must be genuine.

• 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.
• Must not be a party to any association or conspiracy involved in carrying out the threats.

Question 16

Explain what Entrapment is?

Answer 16

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

Question 17

Give two circumstances where culpable homicide is murder?

Answer 17

(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 afore said 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 anyone.

Question 18

What is legal duty?

Answer 18

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