Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

DDP > Homicide > Flashcards

Homicide Flashcards

1
Q

Before a homicide can become the subject of a criminal charge you must prove what?

A

the killing was blameworthy or culpable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the three types of homicide?

A

Murder
homicide
infanticide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

two criticial factors for a charge of murder… did the person intend to?

A

kill the person

cause bodily injury the offender knew would likely cause death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

if you cant prove that the offender meant to kill the person or knew their actions would likely cause death, what is the best charge?

A

manslaughter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

who has legal burden of proof re homicide charges?

A

prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is the most appropriate charge for the survivor of a suicide pact?

A

manslaughter?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Two examples of manslaughter

A

someone who failed to get an injured or ill person medical assistance.

a drunk driver

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what does culpable mean?

A

deserving blame.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

define homicide

A

S158

Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

when is a child considered a human being?

A

s159 Killing of a child

A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.

The killing of such child is homicide if it dies in consequence of injuries received
before, during, or after birth.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

160 Culpable homicide

A

(2) Homicide is culpable when it consists in the killing of any person—

(a) By an unlawful act; or

(b) By an omission without lawful excuse to perform or observe any legal duty; or

(c) By both combined; or

(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or

(e) By wilfully frightening a child under the age of 16 years or a sick person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

define unlawful act

A

a breach of any Act, regulation, rule, or bylaw.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What was confirmed in R v LEE?

A

the act must be objectively dangerous and any reasonable person would know that risk of harm existed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

to be unlawful you must prove?

A

You must be able to prove all the elements of an offence.

prove mens rea

the acts were done without lawful justification.

it was not done in self defence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

examples of culpable homicide

A

committing arson

giving a child an excessive amount of alcohol

placing hot cinders and straw on a drunk person to freighten them.

supplying heroin to someone and causing them to overdoes.

thorwing large objects from a bridge into on coming traffic

conducting illegial abortions where the mother has died.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

ommissions to person legal duties

A

failing to act when there is a legal duty to do so.

such as:

provide the necessaries and protect from injury

  • provide necessaries and protect from injury to your charges when you are a parent or guardian
  • provide necessaries as an employer
  • use reasonable knowledge and skill when performing dangerous acts, such as surgery
  • take precautions when in charge of dangerous things, such as machinery
  • avoid omissions that will endanger life
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

ommission of legal duties amount to homicide when…

A

if the defendant had acted death would not have occured.

was a substantive and operative part of death.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What does threats fear of violence and deception mean

A

due to threats, fear of violence, deception the victim the victim acted in a way that caused death.

you must prove their fears were well founded.

You do not have to prove that their actions were the only means of escape.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what does it mean to freighten a child or sick person

A

the freight needs to be the result of anything that could cause fear of violence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

what does willfully freightening mean

A

intending to freighten or subjectively reckless to the act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

S163 killing by influence on the mind

A

someone who mentally tortured another person who is already mentally sick and causes them to have a breakdown and commit suicide.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

can someone consent to death?

A

No.
even if someone is killed by consent the person who killed them is criminally liable for their death.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Are you liable for culpable homicide during sports/contests?

A

If a participant dies as a result of injury juring a sport/ contest, the person who caused those injuries is not liable to homicide unless their actions were likely to cause serious injury.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Proof of death,what must you prove?

A

death occured.

deceased is identified as the person who was killed.

The killing was culpable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

what kind of evidence do you need to prove death?

A

direct
or
circumstantial evidence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

justified homicide or non culpable homicide

A

when the perpetrator is exempt from criminal and civil liability in cases such as:

(s48) self defence

(s41) preventing suicide
or
preventing commission of an offence which would likely cause immediate and serious injury to another person or property.

force must be reasonable in the circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Can an organisation (as opposed to a human being) be convicted of murder or manslaughter?

A

as per murray wright ltd (1970), because killing must be done by a human being, an organisation (such as a hospital or food company) can not be convicted as a principal offender.

an organisation cant be convicted of murder as it carries a life sentence.

it can however be convicted as parties to manslaughter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

S167- murder defined

A

culpible homicide is murder in the following cases:

A) offender means to cause death of person killed

B) offender means to cause bodily injury that the offender knew would likely cause death / reckless to the act.

C) Offender means to cause death/reckless to death to one person but kills another by accident

D) Kills someone in any matter that he knows is likely to cause death, regardless of whether he meant anyone be hurt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

168 Murder defined further

A

also culpable homicide regardless of whether they meant to cause death or not…

A) means to GBI for the purpose of facilitating the commission of any offence or facilitating the flight of a person or avoid detection/arrest

B) administers any stupifying / overpowering thing for any purpose which causes death.

C) wilfully stops the breath of another person for any purpose and death ensues.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

whatmust you prove re intent to cause death

A

you must prove:

intended to cause death

knew that death would likely ensue

was reckless that death would ensue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

what does reckless mean

A

consciously and deliberately taking an unjustifiable risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

state of mind 167b

A

intended to cause bodily injury

knew the injury would likely cause death

was reckless as to whether the injury could cause death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

joint responsibility

A

it is not nessessary show that the secondary party knew that death was a probable consequece of their carrying out the primary purpose, rather you must show that the secondary party knew it was a probable consequence that the principal party might do an act which would, if death ensued would = conduct that fell with the terms of section 168

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

S172 punishment of murder

A

(1) liable to life in prison
(2) subsection 1 subject ot 102 of sentencing act 2002

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

102 sentencing act 2002

max imprisonment

A

(1) an offender convicted of murder must be sentenced to life imprisonment, unless under the circumstances would be manifestly unjust

(2) if life imprisonment is not imposed then there must be written reason as to why not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

S72 CA 1961- Attempts

A

(1) does/ ommits act
for purpose of accomplishing their object
whether or not
it was possible to commit the offence

(2) it is up to the law
as to whether
it is preparation or attempts.

(3) Acts done with intent to commit offence
may = attempts
if immediately/ proximately connected
to intended offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

what is considered sufficiently proximate?

A

the defendant must have started to commit the full offence and gone beyond preparation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

how do you determine proximity?

A

it will come down to the circumstnaces as they exist for each individual case.

You will need to decide if their actions are only prepatory or are they sufficiently proximate to the full offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

the test of proximity

A

has the offender merely gotten himself into position from which he could embark on an attempt

or

has the offender actually commenced execution? (taken steps)

if you answer yes to either of these questions than this may be considered an attempt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

who determines proximity?

A

proximity is a question of law which is ultimately decided by the judge.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

173- punishment attempted murder

A

14 years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

174 counselling or attempting to procure murder

A

liable to imprisonment for a term not exceeding 10 years

for anyone who counsels, incites, or attempts to procure

the murder of another person in NZ.

(when murder is not committed)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

how would you charge counselling or procuring murder

A

punishable under section 66 under parties to.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

175 Conspiracy to murder

A

liable to imprisonment for a term not exceeding 10 years.

who conspires

or agrees

with any person

to murder another person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

does s175 conspiracy to murder apply to someone who has not commited an actual murder

A

yes it may still apply.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

176 accessory to murder after the fact

A

liable to imprisoment for a term not exceeding 7 years

who is an accessory after the fact

to murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

two types of manslaughter according to common law

A

voluntary manslaughter

involuntary manslaughter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

voluntary manslaughter

A

the intentional killing of another person without malice

such as a suicide pact.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

involuntary manslaughter

A

the unintential killing of another person due to an unlawful act or gross neglience.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

considerations if death occurs in a sudden fight?

A

was it self defence (result = aquiettal)

Was requesite mens rea present? (consider manslaughter charge)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

the four point test to proving Section 160- death by unlawful act

A

the defendant intentially did the act

it was unlawful

it was dangerous

it caused death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Manslaughter by negligence (operating what?)

A

machines.
mines.
ships.
trains.
Vehicles
weapon systems.

or
administering medical/surgical treatment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

when is it manslaughter due to negligence

Consent to …

A

the deceased consent is not a defence if you operated something in a way that was dangerous/risky/ negligently, knowing the deceased was in that dangerous position.

if during a game or contest the defendants actions were likely to cause serious injury.

even if the deceased contributed to their own death due to their own risky behaviours, contributory neglience is not a defence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

whatdo you charge neglegient drivers with?

A

alternate charges exist in the land and transport act 1998.

it will be based on your assessment of surrounding factors as to whether a crimes act charge or land and transport act charge is the most appropriate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

to what degree does negligence need to be proven for manslaughter charges?

A

a very high degree

or

gross negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

150A standard of care applicable to persons under legal duties or performing unlawful acts

A

(b) a person is criminally responsible

for omitting to discharge

or perform a legal duty

or performing an unlawful act

only if the acts were a major departure

from the standard of care expected

of a reasonable person

to whom those legal duties apply

or who performed the unlawful act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

major departure test re negligence

A

is an objective test.

the offenders state of mind is not a prerequisite to conviction for manslaughter- gross negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

177 - punishment for manslaughter

A

life imprisonment.

though the judge may consider all circumstances and the penalty may range from a fine upwards.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

associated murder charges include

A

attempted murder

counselling or attempting to procure murder

conspiracy to murder

accessory to murder after the fact.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

s178 nfanticide

A

where a woman kills any of her own children

under the age of 10

in a manner that amounts to culpable homicide

where at the time of the offence

the balance of her mind was disturbed in any way

due to birth or lactation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

What should you charge a mother who has killed her child?

A

If she is charged with murder/manslaughter, but the jury beleive that the mothers state of mind was disturbed due to childbirth, the jury may trurn a special verdict of aquital due to insanity.

Prosecution may file charges for murder/manslaughter AND infanticide and the jury may then decide on the mothers state of mind and choose the most appropriate charge.

62
Q

151 duty to provide the nessessitities and protect from injury

A

everyone

who has the actual care or charge

of another person

who is a vulnerable adult

and is unable to provide for themselves

is under the legal duty to

provide that person with all nessessities

take responsible steps to protect them from injury

63
Q

152- duty of a parent or guardian to provide nessissities and protect from injury

A

everyone who is a parent

or a person in place of a parent

who has the actual care or charge

of a person under 18 yrs

has the legal duty to

provide that person with all nessessities

take responsible steps to protect them from injury

64
Q

153- duty to employers to provide nessessities

A

everyone who

as an employer

has contracted

to provide food, clothing or lodging

to any servant

or apprentice

under the age of 16

is under the legal duty to provide the same is criminally responsible

for ommitting without lawful excuse to perform such a duty

should their life be endangered

or their health permantently injured.

65
Q

what is a vulnerable adult

A

a person who is unable to withdraw themselves from the charge of another person due to

age
detention
mental impairment
sickness
or any other cause.

66
Q

what does nessessaries for life mean?

A

includes services to sustain life

clothing
food
housing
medical care
warmth

67
Q

what does duty to protect mean

A

to take reasonable steps to protect a vulnerable adult or child from bodily injury from persons, human activites and non human sources.

68
Q

154- abandoning a child

A

liable for a term of imprisonment not exceeding 7 years

who unlawfully abandons

or exposes

any child under the age of 6

69
Q

155- duty of person doing dangerous acts

A

everyone who undertakes

(except when neccessary)

to administer surgical or medical treatment

or do any other lawful act

which may be dangeous to life

is under the legal duty

to have reasonable knowledge and skill and care

in doing such act

70
Q

156- duty of a person in charge of dangerous things

A

everyone who is in charge

or under his control

anything whatsoever

whether animiate or inanimate

or who erects

makes

operates

or maintains anything whatsoever

which under absence of precaution or care

may endanger human life

is under legal duty

to take reasonable precautions

and take reasonable care

to avoid such danger

71
Q

what does anything what so ever include in s156?

A

animals
explosives
machinary
motor vehicles
ships
trains
weapons

72
Q

157- duty to avoid ommission dangerous to life

A

Youar responsible to act as per your duty, and you are criminally liable if you do not act and have no lawful excuse for doing so.

73
Q

can you be culpable of homicide if you cause someone extreme anxiety/ distress?

A

if someone is driven to an extreme state of anxiety but had no previous mental or physical ailments and they consequently commit suicide, the person who caused that extreme anxiety is not culpable for their death.

74
Q

164- acceleration of death

A

liable for culpable homicide if they accelerate someones death even if the original disease/ disorders was not their fault.

75
Q

165 preventable death.

Who is liable when a person dies but the death was preventable .

A

liability on a person who causes injury which results as an operative reason for death,

even though the death could have been prevented (by the victim or another person)

this includes if the victim refused treatment for what ever reason.

76
Q

166- causing injury treatment which causes death

A

If person A is injured by person B, and received treatment that ultimately kills them by person C; provided the treatment was administered in good faith, person B is still liable for person A’s death

77
Q

are you liable for culpable homicide if you withdraw life support?

A

withdrawing life support is not a treatment.

withdrawing life support does not cause death, but rather removes the possibility of extending life through artificial means.

78
Q

what does novis actus interviens mean?

A

a new interviening act that breaks the chain of causation

79
Q

179 -aiding and abetting suicide

A

liable for a term of imprisonment not exceeding 14 years

(a)
councels
incites
procures

any person to commit suicide

if that person commits or attempts to commit suicide

(b)
aids/abets any person in the commission of suicide.

80
Q

180 - suicide pact

A

anyone in a suicide pact

kills another person

is guilty of manslaughter not murder

81
Q

what is a suicide pact?

A

a common agreement between two or more people in which the aim for all in the pact is death.

82
Q

181- concealing a childs body

A

liable for a term not exceeding 2 years

who disposes of a childs dead body

with the intent to conceal the fact of its life, regardless of whether the child died before, during or after birth.

83
Q

what do they mean by child in S181 when referring to age?

A

age= close to birth

84
Q

what if someone knew about the child/birth re S181?

A

the requirement that the act be done with the intent to conceal the body from someone.

the birth does not have to be a secret to everyone.

85
Q

does the law recognise someones consent to death?

A

no- that is why it is illegal to aid someone in death or have suicide pacts.

86
Q

general admissibility of heresay evidence

A

heresay statements are admissible if

circumstances relating to statement provide reasonable assureance that the statement is reliable and

the maker of the statement is unavailable as a witness

the judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness

87
Q

can a statement from a person who has died be admissible evidence?

A

if you can prove the reliability of the person who made the statement and the statement its self.

88
Q

proving reliabiity- section 16 evidence act

A

accuracy of witness observations

circumstances relating to making the statement

content of statement

nature of the statement

verasity of witness

89
Q

where can you find matters of justification in the crimes act?

A

section 3

90
Q

what does justified mean?

A

not guilty of an offence and not liable civilly.

91
Q

what does protected from criminal responsibilty mean?

A

the person is not guilty of an offence though may face civil liability.

92
Q

section 21 - children under 10

A

no person can be charged with a criminal offence under the age of 10.

93
Q

section 22- children aged 10-14

Prove what

A

can not be charged for an offence unless it can be proven that they knew that it was wrong or contrary to the law

94
Q

do you need to establish guilt for a child under 10 years old?

A

yes. even though children under 10 have an absolute defence you must still prove that they were guilty of that offence

95
Q

burden of proof on children between 10-13.

A

it must be shown that the child knew that it was wrong or contrary to the law.

this test of knowledge is in addition to the tests of mens rea and actus reus.

if you cannot prove knoweldge that acts were wrong than they child is not criminally liable.

96
Q

who must prove childs knowledge of guilt?

A

the burden of proof is with prosecution

97
Q

as a general rule, who will child offenders be referred to until the age of 14?

A

A care and protection co-ordinator.

98
Q

what court will child/ youth offenders between 10-17 years appear in for muder/manslaughter charges?

A

they will be dealt with under youth justice provisions of the OT Act 1989

Charges will be filed in the district court.

for first appearance takes place before youth court.

the case then automatically gets transfered to high court.

99
Q

can a child go to prison for manslaughter/ murder charges?

A

a child may face imprisonment and be detained in a child, youth and family youth justice residence under the custody of the chief executive of ministry of social development (MSD)

100
Q

where might a child offender who is deemed to need care and protection be detained?

A

a care and protection residence under the custody of the chief executive of MSD

101
Q

can a young person be imprisoned for manslaughter/murder charges?

A

yes. young persons between the ages 14-17 can be imprisoned for murder/ manslaughter and other cat 3 and 4 offences if the penalty is 14+ imprisonment and over.

they man also be detained at a child, youth and family justice residence under the custody of the chief executive of MSD

102
Q

prosecuting for other serious offences- 272 OT Act 1989

(12-13 years old)

A

children between the age of 12 to 13 can also be prosecuted for certain serious offences if the offence is punishable by 14 years to life imprisonment.

or where they are between 12-13 years old and they have previously committed another serious offence and the offence was punishable by 10 -14 years imprisonment.

103
Q

can you be charged if you are deemed insaned?

A

everyone shall be presumed sane unless proven otherwise.

no one shall be convicted of an offence when labouring under natural imbecility or disease of the mind to such an extent that it rendered them incapable of:

understanding the nature or quality of the act or ommission

knowing that the eact or ommission was morall wrong

104
Q

can prosecution raise the matter of insanity?

A

no this is up to the defence to raise.

prosecution is prohibited to adduce evidence of insanity unless there is risk to the community

105
Q

what happens with evidence that the crown holds in relation to the defendants sanity/insanity.

A

crown may hold evidence of the persons state of mind and provide it to defence.

It is then up to defence/ the defendant to plea insanity.

106
Q

judge puts the issue of insanity to a jury

A

Only under exceptional circumstances would a judge put the issue of insanity to a jury, when the defendant has not pled insanity.

when strong evidence exists of the person insanity a judge must put this to a jury.

if the jury aquit the defendant they must indicate to the judge whether they are aquitted based on innocence or insanity.

107
Q

can a judge commit a person to a facility based on their mental state?

A

the judge may commit a person to a hospital or secure facility under the mental health act for either their safety or for the publics safety.

108
Q

what happens if their is strong evidence of insanity but they have not pled insanity?

A

a person may be aquitted of a charge even if they have not pled insanity if there is strong evidence to indicate that they were insane at the time of the alleged offending.

109
Q

burden of proof- insanity

A

the burden of proof is with defence though their standard of proof is on the balance of probablities not beyond reasonable doubt.

110
Q

what kind of charges may a person plead insanity to?

A

any charge punishable by imprisonment

111
Q

m’naghtens rules re insanity

A

based on a person ability to think rationally.

if a person was so affected by a disease of the mind they would not be able to know

the nature or quality of their actions

that what they were doing was morally wrong

112
Q

what does disease of the mind mean?

A

can be comprehended as mental derangement in the widest sense.

113
Q

must the brain be physically damaged to fit into the definition of diseased?

A

the brain does not have to be physically damanged.

when referring to the mind, the law refers to the mental faculties of reason, memory, and understanding.

a disorder may be permanent or temporary.

of short or long duration.

curable or incurable.

114
Q

is disease of the mind a legal or medical question?

A

it is a legal question not a medical one, though it may be proven through medical evidence.

115
Q

knowing their actions were morally vs legally wrong

relatingto insanity

A

the test is that the defendant knew their actions were morally wrong not legally wrong.

if they can not understand that their actions were morally wrong, than they lack rational understanding

116
Q

R V CODERE (nature and quality of act)

A

the nature and quality of the act
means the physical character of the act.

the phrase does not involve any consideration of the accused

moral perception nor his knowledge of the moral quality of the act.

Thus a person who is so deluded that he cuts a womans throat

beleiving that he was cutting a load of bread

would not know the nature or quality of his act.

117
Q

consequences if found insane

A

if they are aquitted on account to their insanity or unfit to stand trial they may be:

immediately released.

have alternative mesasures imposed on them.

detained as a special patient or special care recipient.

circumstances and public interest will be considered before making a decision

118
Q

is automatism culpable?

A

common law acknowledges automatism as involuntary actions and those actions hold no criminal liability.

119
Q

what can cause automatism?

A

arteriosclerosis
brain tumor
concussion
epilypsy
sleep walking

or alcohol and drug consumption

120
Q

is the defence automatism caused by drugs and alcohol an accepted defence?

A

courts are reluctant to accept this as a defence without substanital evidence as it is a very popular excuse.

121
Q

sane automatismis the result

A

alcohol
concussion
drugs
sleep walking

122
Q

what is insane automatism caused by?

A

the result of mental disease.

123
Q

can automatism = insanity?

A

some cases of automatism will be treated as insanity if disease of the mind becomes a factor.

this can occur even if the defendant has only pled to automatism and not insanity.

124
Q

intoxication may be used as a defence if…?

A

where theintoxication causes disease of the mind to induce insanity

if intent is a essential element and the degree of intoxication is such that one could plead lack of intent.

intoxication causes automatism

125
Q

can intoxication be used as a defence to any crime requiring intent?

A

yes this defence can apply to any offence that requires intent

126
Q

what is an offence called when there is no intent

A

a strict liability offence

127
Q

can you plea intoxocation for strict liability offences?

A

not unless you can prove a total absence of fault.

128
Q

can intoxication be used as a defence if it was used to assist in the offending (dutch courage)

A

No

129
Q

can intoxication be used as to establish ignorance of law?

A

no

130
Q

When Will intoxication defence not be accepted?

A

the defence of intoxication will not be permitted where the offence was violent or put the public in danger if that person consumed drugs and alcohol voluntarily.

131
Q

section 25- ignorance in law

A

the fact that a person is ignorant to law does not excuse the offence commited by them.

132
Q

section 22- children- ignorance to law

A

children are not liable for offences when they do not know that what they did was criminally wrong.

133
Q

what is compulsion

A

the act of compelling a person to do something against their will

134
Q

is a person liable for offences when acting under compulsion?

A

the person has a genuine defence if they acted under threats of immediate death or GBH to them or another person when the offence was committed.

these threats must be operating on their mind at the time of the offending.

The threat must be so grave that any reaonsonable person in their place would act the same way.

135
Q

the defence of mistake/ignorance

A

if you must prove mens rea for the offence then mistake or ignorance can be used as a defence.

136
Q

what is entrapment ?

A

when an enforcement agency deliberately causes a person to commit an offence so that person can be prosecuted.

137
Q

what happens if the entrapment is considered unfair?

A

it may result in the court excluding that evidence.

138
Q

how do you assess fairness when it comes to entrapment?

A

the court will assess why the defendant was targeted.

the way in which the agent was involved in the initiation of the offending activity.

139
Q

courts consideration re pre-disposition to offend vs set up for entrapment.

A

the court will consider-

was an opportunity for those pre-disposed to that sort of offending created

or

did officers initiate and encourage certain offending that the person would not have otherwise committed.

140
Q

s48- self defence and defence of another

A

reasonable force may be used to defend yourself or another person provided it is proportonate to the circumstances.

141
Q

when can force be initiated when defending yourself /others?

A

use of force is subjective.

force may be used before any actual bodily harm is experienced or threat received to escape or break out from a dangerous situation.

142
Q

definition of alibi

A

being elsewhere at the material time

143
Q

what must a defendant do if they plan to give evidence to support an alibi

A

give written notice to the prosecutor in relation to the particulars of the alibi.

name and address should be provided to prosecution within 10 days of written notice, or any other information which could help identify the witness.

they should take all reasonable steps to provide this information

144
Q

what should OC case produce in relation to an alibi?

A

QHA
active charges report
make enquiries to confirm rebut the alibis evidence

145
Q

should OC case interview an alibi?

A

not unless requested by pps.

if pps want you interview the alibi you should

advise defence and give them the opportunity to be present

if the defendant is not represented than have an independant person present for the interview (not police)

make copies of the statement available to defence

146
Q

what if defence wants to call on expert witnesses?

A

they must disclose to the prosecutor within 10 working days of trial

any brief or evidence/reports to be given by the witness

if that is not available than provide a summary of their evidence.

147
Q

what is consent?

A

consicous and voluntary agreement to something desired or proposed by another.

148
Q

guidelines to consent (can/can’t consent to)

A

can consent to:

consenting to surgical operation

inflcition of force not involving bodily harm

cannot consent to:

death or inury likely to cause death.

bodily harm in a manner that would cause a breach of the peace or bring together disorderly persons

it is uncertain to what extent any person has a right to consent to their being put in danger of death or bodily harm by the act of another.

149
Q

who is unable to give consent

A

children

persons unable to rationally understand implications of their actions.

those under threat, force or fraud.

150
Q

you can not use the defence of consent when?

A

aiding suicide

bodily harm likely to cause breaches of the peace

criminal actions

indecency offences

injury likely to cause death

placing someone at risk of death or bodily harm.

DDP (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions