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Flashcards in Multi Choice Deck (18):
1

1. What is the penalty for attempted murder?

Every one who attempts to commit murder is liable for a term of imprisonment not exceeding 14 years

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2. Define R v Tarei

Withdrawal of any form of life support system is not “treatment” under s166 Crimes Act 1961. To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.

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3. Outline section 181 of the Crimes Act 1961 (Concealing a dead body of a child)

Every one is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during, or after birth

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4. In which Court does a youth facing a charge of murder or manslaughter appear?

Young persons over 14 years of age are usually dealt with under the youth justice provisions of the CYPF Act although charges of murder and manslaughter will be heard in the High Court following the committal process in the Youth Court.

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5. A Question of Law relating to whether the condition is a disease of the mind is answered by whom?

The Judge

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6. What the accused’s state of mind was at the time of the offence is a question decided by whom?

The Jury

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7. What was held in R v Kamipeli?

It does not have to be shown that the defendant was incapable of forming the mens rea, merely that, because of their drunken state, they did not have the proper state of mind to be guilty

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8. What is the burden of proof for insanity?

The accused is not required to prove the defence of insanity beyond reasonable doubt, but to the satisfaction of the jury on the balance of probabilities.

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9. Section 153 of the Crimes Act 1961, what is the relevant age of the person who is employed?

Under the age of 16 years

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10. Where a charge of infanticide is laid, who decides on the Mothers state of mind?

The Jury

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11. Pursuant to section 22(3)(a) of the Criminal Disclosure Act 2008, the notice under subsection (1) must include:

(3) Without limiting subsection (1),—

(a) the notice under subsection (1) must include the name and address of the witness or, if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness;

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12. Before a conviction can be obtained for manslaughter, where one of the sections referred to is section 150A (1) of the Crimes Act 1961, what must the prosecution prove?

A very high degree of negligence or gross negligence

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13. Proximity is a question of law decided by whom?

The Judge

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14. Written notice of an alibi is to be given by the defendant:

Within 10 working days after the defendant is given notice under section 20 of the Criminal Disclosure Act 2008.

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15. Define R v Cox

Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement.

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16. As a general guideline, most offences within the Crimes Act 1961, will require an intent (Mens rea) of some kind. Outline a defence that would therefore be generally available:

The defence of intoxication will be available to the defence to establish that the defendant did not have the required intent to carry out the offence

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17. Provide an overview of the culpability of persons involved in suicide pacts

Any survivor of a suicide pact is guilty of being a party to a death (if death of another person within the pact ensues)

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18. Outline section 25 of the Crimes Act 1961, ignorance of the law:

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.