SU 3 Flashcards
What is murder?
Murder is the unlawful and intentional causing of death of another human being.
Elements of Murder
- Causing death
- Of another person
- Unlawfulness
- Intention
Causing of death
-must be voluntary commissio or omission.
-must be the factual and legal cause of death.
Of Another person
-suicide or attempted suicide is not a crime but instigation or assistance to suicide can be a crime.
Unlawfulness
Grounds of Justification include:
- Necessity
- Private Defence
- Official Capacity
- Obedience to orders
Intention
Dolus Directus and Dolus Eventualis
-X must direct his bodily movements to killing Y, and he must forsee death.
What is Culpable Homicide?
Culpable Homicide is the unlawful and negligent causing of death of another human being.
Elements of Culpable Homicide
- Causing death
- Of another person
- Unlawfulness
- Negligence
Causing death
-must be voluntary commissio or omission
Of another person
another person who was alive at the time of the conduct.
Negligence
-objective test applies
What is Kidnapping?
Kidnapping is the unlawful and intentional deprivation of a person’s freedom of movement or from the control of parents or guardian over a minor.
Elements of Kidnapping
- Deprivation of
- Person’s freedom of movement(from control of parents)
- Unlawfulness
- Intention
Deprivation of
the use of force is not a requirement.
Person’s freedom…..
Is a protected legal interest
