Study Flashcards
Define homicide
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever
When does a child become a human being in relation to killing if a child
When the child has completely proceeded to a living state whether it has breathed or not, wether or not it has independent circulation or wether or not its navel string is attached.
If the child dies due to another’s actions it’s homicide.
Define culpable homicide
Killing of another person:
- By an unlawful act
- By an omission without lawful excuse
- Both an unlawful act and omission combined
- causing a person to act through threats, fear, violence or deception causing thier death
- death caused by wilfully frightening a child under 16 or a sick person
Define unlawful act
A breach of any act, regulation, rule or bylaw
Define legal duties imposed by statute (x6)
- provide the necessaries and protect from injury
- provide necessaries and protect from injury when you are a parent or guardian.
- provide necessaries as an employer
- use skill and knowledge when performing dangerous act
- take precautions with dangerous machinery
- avoid omissions that could be deadly
3 X examples of culpable homicide through threats, fear or deception
- jumping from height to prevent assault and dies
- jumps into a river to escape harm and drowns
- jumps from a train believing their life is in danger and dies
Explain criminal liability for killing by influence of the mind
No one is criminally responsible for the killing of another by the influence on their mind including any disease or disorders that arise, except when it involves wilfully frightening a child under 16 or a sick person.
Explain R v Horry
Where no physical body is located Death should be proven to the point that there is no grounds for reasonable doubt that murder is all that could have occured
Murder defined
- offender means to cause death or does and act that is likely to cause death
- offender means to cause injury leading to death
- means to kill, but kills the wrong person
- causes death during a crime or facilitating flight or preventing detection (aggravating factors of crime)
- administers any stupefying thing causing death
- wilfully stopping a person’s breath causing death
Explain Cameron v r
The defendant recognised that his or her actions would bring about a proscribed result in the circumstances and the risk taken was unreasonable.
R v Piri
Recklessness is a conscious and deliberate risk taking. The accused must recognise that there was a real risk that death would be caused.
Define attempts
Having an intent to commit an offence, does or omits an act for the purpose of accomplishing thier object.
The act or omission must be more than mere preparation and proximate to the full offence.
R v Murphy
It is necessary for the crown to prove a necessary intent to commit the offence
How to prove an attempt?
To prove an attempt there must be an act or omission that are proximately close to the full offence and gone beyond mere preparation
R v Harper
Acts viewed in isolation may not constitute an attempt, however the same acts viewed together may in constitute an attempt.
How to determine proximaty to the full offence
Each case will be viewed omits own circumstances, the question must be asked wether a person’s actions or omissions come close to the intended offence
Proximity is a question of law to be answered by the judge
What is the maximum punishment for attempted murder?
14 years imprisonment
Voluntary manslaughter explained
Circumstances of the specific case will influence charges that would normally be murder reduced to manslaughter. Example of this would be if a person intended to kill another through a suicide pact.
