indictable offences Flashcards
(15 cards)
general defence to crime causin deah
- self defence
- mental impairment
- duress
- sudden or extraordinary emergency
- automatism
- itoxication
- accident
self defence
believed that their actions were necessary to protect or defendthemselves, and
perceived their actions to be a reasonable response in thecircumstances.
mental impairment
they had little understanding of the nature and quality of theiractions
duress
act against their will due to threats
sudden emergency
here was a sudden or extraordinary emergency
their actions were the only reasonable way of dealing with thesituation
automatism
an act commited withour any conscious awareness
intoxication
acted involuntarily or without intent due to being in an intoxicated state as a result of consuming alcohol, taking drugs, or ingesting some other substance.
elements of murder
- the killing was unlawful
- the accused act’s were voluntary
- the accused committed acts that caused the victim’s death
- the accused acted with intent to kill or cause serious harm.
murder
the unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful justification
elemetn 1: the killing was unlawful
teh accused did noy have a lawful reason for causing the other person’s death
element 2: the accused acts were voluntary
the accused commited the acts when tehy were awake, aware anf in control of their bodily actions
element 3: the accused commited acts that caused the victims death
there was a direct link between the accused’s actions and the death of the victim
element 4: the accused acted with intent to kill or cause serious harm
the accused acted with mens rea (guilty mind)
who holds the burden of proof
the prosecution beyond reasonable doubt
principles of justic
access, equality, fairness
