Murder Flashcards
(22 cards)
What is murder
Unlawful killing of a human with malice forethought
What is the first element of murder
Killing was unlawful
What is element 1: killing was unlawful about
Prosecution must prove accused did not have a lawful reason for persons death for example a lawful reason could be self defence or a police doing their duties
What is element 2 of murder
Accused acts were voluntary
What is element 2: accused acts were voluntary about
Prosecution must prove accused was awake aware and in control of bodily actions
Example accused must’ve not committed acts while sleepwalking , seizure. Action should be deliberate not an unintentional accident
What is element 3 of murder
Accused committed acts that caused victims death
What is element 3: accused committed acts that caused victims death about
Prosecution must prove that accused committed acts leading to victims death.
- Direct unbroken link to accused
- If link is broken accused can’t be guilty
What is element 4 of murder
Accused acted with intent to kill or seriously harm
What is element 4 of murder ; accused acted with intent to kill or seriously harm about
Prosecution must prove accused acted with a guilty mind
Must prove want to kill or harm victim
Knew actions would cause death or harm
What are three general defences of murder
Self defence
Mental impairment
Duress
Possible sanctions : what’s the maximum penalty of murder
Life imprisonment with parole
And life imprisonment without parole ( never leading prison )
What’s the standard sentence for murder
Maximum 25 years imprisonment
Maximum 30 years imprisonment if emergency service worker
What is the first factor( nature and gravity of offending) that determines how harsh the sentence is
What weapon is used can give higher sentence
What is the second factor ( vulnerability of victim ) that determine the harshness of sentence
Attack on victim that is vulnerable
Under 18 or elderly
What is factor 3 ( conducts after committing offence ) that determines the harshness of the offence
Acting in cruel heartless way by disposing body increases sentence
Cooperating with cops and calling ambulance lowers sentence
What is factor 4 ( offenders personal circumstances) that determines how harsh the sentence is
mental health, person history, previous convictions can increase or decrease sentence
what is factor 5 ( murder was planned) that determines how harsh the sentence is
if the murder was planned rather than spontaneous it is likely to increase sentence
what is factor 6 ( guilty plea)
if offender pleads guilty the judge has to impose a less severe sentence
what are trends/statistics of murder
In 2019 69% of homicide offences were male
what impact does murder have on the victim and family
loss of life
trauma
what impact does murder have on community
loss of workplace productivity
people who live where murder occured may not feel safe
impact of murder on offender
guilt or shame of causing death
legal cost
