Associated murder charges Flashcards
(13 cards)
Section 173
Attempted murder
Acts are sufficiently approximate to the full offence
Beyond mere preparation
14 years imprisonment
R v Murphy
Proving attempt
Must show their accused intention was to commit the substantive offence
Attempted murder equals actual intent to kill
R v Harpur
The court may gat conduct be viewed cumulatively up to the point it stops
Defendants conduct considered in its entirety
Proximity test
Do the fact show me a preparation or are they immediately or sufficiently approximate to the intended offence
Simester and Brookbanks
- Has the offender done anything more than get into a position?
- Has the offender committed execution taken a step in the actual offence itself
Section 174
Counselling or attempting to procure a murder
Murder not committed
10 years imprisonment
Section 175
Conspiracy to murder
Agrees with any other person to murder another person
Regardless of murder committed or not
10 years imprisonment
Section 176
Accessory after the fact to murder
Seven years imprisonment
R v Mane
To be an accessory, the offense must be committed at the time of involvement. Not before.
Manslaughter
Culpable homicide that doesn’t amount to murder
- Voluntary manslaughter e.g. suicide pact. Mitigating circumstances.
- Involuntary manslaughter caused by unlawful act or gross negligence.
Killing and a sudden fight
Must consider
- Self defence
- mens rea for a murder charge
Section 160(2)
Death by way of unlawful act
Four point test (Newbury and Jones)
- Intentionally do the act.
- Act was unlawful.
- Act is dangerous.
- Act caused death.
Section 150A(2)
Major departure test
High degree of negligence
Standard of care under legal duties or performing and lawful acts
Negligent omissions resulted in endangerment or injuries
Section 177
Punishment of manslaughter
Life imprisonment
