C5 Indictable offences AOS2 Flashcards
(41 cards)
List the seven general defenses to a crime
Self-defense, mental impairment, duress, sudden or extraordinary emergency, automatism, intoxication, and accident;
Self-defense
An accused could use the defence of self-defence to a committed crime if they believed that their actions were necessary to protect or defend themselves and perceived their actions to be a reasonable response in the circumstances. The burden of proof falls on the prosecution to prove that the accused did not act in self-defence.
Mental and impairment
An accused may use the defence of mental impairment if they did not know what they were doing because they had little understanding of the nature and quality of their actions and they did not know their conduct was wrong or could not reason or think about their conduct like an ordinary person. The burden of proof falls on the party who raises the defence and does not result in an ordinary verdict rather a secure treatment order.
Duress
An accused may use the defence of duress if, at the time of the offence they had a reasonable belief that a threat of harm existed upon them, the threat would have to be carried out unless the offence was committed, committing the offence was the only reasonable way to avoid threatened harm, and their conduct was a reasonable response to the threat. The burden of proof falls on the prosecution.
Sudden or extraordinary emergency
An accused may use the defence of sudden or extraordinary emergency as a defence if they can prove that there was a sudden or extraordinary emergency, their actions were the only reasonable way of dealing with the situation, and their actions were a reasonable response to the situation. The burden of proof falls on the prosecution.
Automatism
Automatism suggests that the accused committed the offence involuntarily due to having at the time of the offence, a total loss of control of their bodily movements (i.e. not consciously aware of what they were doing) and so could not form an intention to commit a crime (mens rea). (While sleeping or sleepwalking, suffering a concussion, during an epileptic seizure, as a result of a medical condition, or as a side effect of the use of medication). The burden of proof falls on the prosecution.
Intoxication
An accused may use the defence of intoxication to criminal offences if they can prove that they acted involuntarily, without intent due to being in an intoxicated state due to fraud, a reasonable mistake, force, or the effects of the proper use of prescription or non-prescription medication. The accused must prove that they were not in a self-inflicted or self-induced state.
Accident
An accused may use the defence of an accident if they can prove that the actions of the offence were involuntary, unintentional, or reasonably unforeseeable by an ordinary person.
Defence to a crime
A justification or lawful excuse for committing a crime.
Secure treatment order
A sanction that requires the accused to be compulsorily detained and receive treatment at a mental health facility.
Murder
The intentional unlawful killing of another person with malice aforethought by a person who is of the age of discretion (i.e. 10 years old or older) and of sound mind.
Unlawful homicide
A classification of crime that is the killing of another person without legal justification.
List three examples of unlawful homocide
Infanticide, child homicide, culpable driving causing death;
Attempted murder
When an accused intended to commit the offence, the accused believed the offence was going to take place, and the accused was the one who committed the offence. The attempt has to be serious enough that death could have resulted from it.
Malice aforethought
The malicious intention to kill or cause serious injury to a person.
Manslaughter
The unlawful killing of a person due to a reckless, dangerous act or negligent behaviour.
Involuntary manslaughter
Involuntary manslaughter is defined as the unlawful killing of another human being without intent as a result of another person’s negligent actions (killing someone and not realizing your actions could cause death).
Voluntary manslaughter
The crime of killing another person unlawfully in circumstances that do not amount to murder (for example, without premeditation or as a result of mitigating circumstances such as self-defence).
Taking your victim as you find them
The principle of law that dictates that if a victim dies without the offender knowing they could be unusually vulnerable to certain harm to the extent of death, the offender is still responsible and will be charged with murder.
List the six elements of murder
The killing was unlawful, the victim was a human being, the accused was over the age of discretion, the accused caused the victim’s death, the accused was a person of sound mind, and there was malice aforethought;
Causation (casual link)
The direct relationship between event one and event 2 where event 1 was the reason event 2 happened and event 2 would not have happened by itself without event 1.
How did statute law help in developing the offence and defences?
The penalty for murder is established by parliament and sets out the defences available to murder, including those originally established by common law and some established by parliament;
Statute law is able to pass legislation at any time to change the law relating to murder, including being able to abrogate principles of murder that have been established by common law;
How did common law help in developing the offence and defences?
Murder is an old common law offence that includes common-law establishing its definition, its elements, and some of the defences which were all established by the courts.
Murder rate
The number of murders per 100 000 aged 10 years and over.
