Criminal Law Flashcards
(6 cards)
What are aggravating factors that MUST be taken into account?
- Previous convictions (if reasonable to do so)
- Offences committed whilst on bail
- Racial or religious aggravation
- Hostility based on sexual orientation, gender identity or disability
What are aggravating factors that MAY be taken into account?
- Premeditated offences
- Group offences
- Vulnerable victims
- Intoxication
- Abuse of position
- Use of weapon
- Unjustified violence
- Damage to property
- Victim providing a public service
- High value/sentimental nature of property
- Failure to respond to previous sentence
What are mitigating factors that MAY be taken into account?
- Offence committed on impulse
- D highly provoked
- D has disability or mental illness
- D is very young/old
- D played a minor role
- D motivated by fear
- D attempted to make reparations w victim
A woman took up archery as a hobby. To hone her skills, she placed three cans atop her wooden fence and began shooting arrows at the cans. A large group of children were playing in the yard next door. The woman knew that an arrow was likely to strike a child and cause serious injury or death, but she continued shooting. An arrow did, in fact, catch a child who died as a result.
Is she guilty of murder?
She will be found guilty of murder.
Murder is committed when a defendant unlawfully kills a human being with intent to kill or cause grievous bodily harm. The woman had no direct intent to kill here. However, when the defendant realises that death or grievous bodily harm is a virtual certainty of the defendant’s conduct, this is sufficient for indirect intent.
Elements for when loss of control is a partial defence to murder
When the defendant kills another and:
(1) his acts and omissions in doing or being a party to the killing resulted from his loss of self-control,
(2) the loss of self-control had a qualifying trigger, and
(3) a person of the defendant’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of the defendant, might have reacted in the same or in a similar way to him.
