Homicide Barebones

Question 1

Tipple Risk (first limb)

Answer 1

Defendant belief his conduct will give rise to a risk of harm.

Question 2

R v QF

Answer 2

Recklessness is established by a defendants belief his conduct will give rise to a RISK OF HARM (1st Limb Tipple) and having regard to that risk, acted UNRESONABLY (2nd Limb Cameron).

Question 3

K v R (Milane case)

Answer 3

Court of appeal didnt restrict this approach.

Question 4

Churchis

Answer 4

Thabo Meli jurisdiction.

Question 5

Absence of Mens Rea and Act is violent

Answer 5

Presumed Mens Rea

Question 6

Absence of Mens Rea and Act is “truly criminal”

Answer 6

Implied or Presumed Mens Rea

Question 7

Implied Mens Rea

Answer 7

Cameron tells us to ignore

Question 8

Presumed Mens Rea case

Answer 8

Strawbridge and Cameron

Question 9

Not a Truly Criminal act

Answer 9

Absolute or Strict Liability

Question 10

Absolute Liability cases

Answer 10

Traffic fines etc

Question 11

Strict liability cases

Answer 11

Finau and Tifanga.

Question 12

Difference between Absolute and

Strict Liability.

Answer 12

Absolute liability cases convict D once AR is proved. Strict liablity have to prove AR but defense can escape liablity if they are able to prove “an absence of fault”

Question 13

R v G

Answer 13

Rejected Caldwell

Question 14

2nd Limb Cameron

Answer 14

Having regard to the risk, acted unreasonably.

Question 15

How to prove absence of fault? (2 ways)

Answer 15

1. They could not have prevented the AR

2. Caused the AR without being at fault.