Assesment task 2 Flashcards
(27 cards)
the principles of criminal liability
- Burden of proof
- Age of criminal responsibility
- Presumption of innocence
- Participants in crime
- Standard of proof
Elements of Murder
- Unlawful
- The victim must be a human being
- Malice Aforethought must
- The accused caused the victim’s death
- The accused was of sound mind
- The accused was a person over the age of discretion.
Burden of proof
The prosecution hold the burden of proving that the accused is guilty of the alleged offense. Also called the onus of proof
Age of criminal responsibility
It is presumed that a child under the age of 10 cannot form the intent to commit a crime, therefore they cannot be charged with committing a crime. It is also assumed that a child between the ages of 10 and 14 is mentally incapable of committing a crime. This is known as the legal principal of doli incapax
Presumption of Innocence
A person is presumed to be innocent until he or she is proven guilty. Under the rules of natural justice, every one is given a reasonable opportunity to put forth their case and be heard by an unbiased, independent decision maker.
Participants in crime
Anyone who aids, abets, counsels or organises an offense is to be treated as if they were the main offender.
Standard of proof
In criminal trials the prosecution must prove that the alleged offender is guilty beyond reasonable doubt.
Malice Aforethought
The intention to commit a crime (a guilty mind or ‘mens rea’). For malice Aforethought to exist, the accused must have one of the following states of minds…
- An intention to kill
- An intention to inflict serious injury (but resulted in death)
- Reckless indifference (when you know that your actions will probably cause serious injury or death, but you don’t care)
- An intention to assault a person who was trying to make a lawful arrest
Murder
The unlawful killing of another person with malice aforethought, by a person who is of the age of discretion (10 years and over) and of sound mind. (life in prison)
Causation
In respect of an offense of murder or manslaughter, the accused ‘s act must have caused the victims death or significantly contribute to the death.
Attempted murder
Those found guilty of attempted murder are charged on the basis of their intent to commit the murder. For a person to be found guilty of attempted murder the person must have;
- intended to commit the murder
- believed that the murder was to take place
- been more than merely planning to commit the murder, and
- been immediately, and not remotely, connected with committing murder 25yrs
Manslaughter
Manslaughter applies in situations where death occurs as the result of
- criminal negligence or
- an unlawful and dangerous act. 20yrs
Defensive homicide
The accused may be found guilty of defensive homicide if he or she thought they were acting in self defense but the court found the belief or actions of the accused unreasonable. 20yrs
Infanticide
Where a mother kills a child under 2 years of age in circumstances that would ordinarily be considered murder but for the fact that she gas a mental condition caused by the child’s birth. 5yrs
Child homicide
A person who kills a child who is under the age of six, in circumstances that would normally be called manslaughter, is guilty of the offense of child homicide.20yrs
Self-defense
- had the belief that it was necessary to act to defend themselves or another person from serious harm or injury
- had reasonable grounds for this belief
- —> can be ACQUITTED OF MURDER
Duress
A person is under duress when they reasonably believe that;
*a threat of harm will be carried out unless the person commits the crime
*Committing the crime is the only reasonable way of avoiding the threatened harm
*Their conduct is a reasonable response to a threat made
A person cannot claim duress once they voluntarily engage in violent acts and are later pressured to escalated or continue the violence.
Sudden or extraordinary emergency
A person will not be guilty of homicide if the person reasonably believes that;
- There is a sudden or extraordinary emergency situation
- Their actions are the only reasonable way of dealing with the situation
- There conduct is a reasonable response to the emergency situation.
Mental Impairment
- Did not know what he or she was doing because they had little understanding of the nature and quality of their actions
- did not know the conduct was wrong or could not reason or think about their conduct like an ordinary person
- If mental impairment defense is successful
- —> supervision order: non custodial or custodial (e.g Psych ward)
Automatism
- Involuntary muscle movements without any control of the mind or
- Done by a person who was not conscious of what they were doing, such as suffering from concussion or while sleepwalking
Intoxication
- if self induced the actions are compared to that of a reasonable person who is not intoxicated
- if not self induced the actions of the accused are compared a reasonable person who is intoxicated to the same extent.
Accident
No mens rea —-> no guilty mind —-> cannot be found guilty —-> can be acquitted
Homicide
DAMMIC
- Attempted murder ~ 25yrs
- Murder ~ Life in Prision
- Manslaughter ~ 20 yrs
- Defensive Homicide ~ 20 yrs
- Infanticide ~ 5yrs
- Child homicide ~ 20yrs
Defenses
AMIDASE
Accident Metal Impairment Intoxication Duress Automatism Self-Defense Emergency
