Murder And Manslaughter Offences

Question 1

Intent

Answer 1

Intention to commit the act and intention to get a specific result

Must show the defendant
- Intended to cause death or
- knew death was likely to ensue or
- reckless that death would ensue

Question 2

Recklessness

Answer 2

Consciously and deliberately taking an unjustified risk

Aware of the risk and proceeded regardless (subjective test)

It was unreasonable for him to do so (objective test)

Question 3

Cameron v R

Answer 3

Recklessness established
- defendant recognises a real possibility that:
a) actions would bring their proscribed result and/or
b) proscribed circumstances existed
- Has regard to the risk those actions were unreasonable

Question 4

R v Piri

Answer 4

Recklessness involves conscious and deliberate risktaking

Degree of risk of death force must be more than negligible or remote

Accuses must recognise a real or substantial risk death would be caused

Answer 5

Recklessness established
- defendant recognises a real possibility that:
a) actions would bring their proscribed result and/or
b) proscribed circumstances existed
- Has regard to the risk those actions were unreasonable

Question 6

R v Desmond

Answer 6

Object must be unlawful and accused must know the act was likely to cause death

Knowledge accompanied act causing death

Question 7

Section 66(2)

Answer 7

Parties to offence

Two or more people come together common attention to prosecute unlawful purpose

Secondary party must know the principal party might do the exact cause of death

Question 8

Joint responsibility

Answer 8

Secondary party must know principal party might do the act that results in death

Not necessary Secondary party knew death was a probable consequence of the act

Question 9

Section 102 sentencing act

Answer 9

Imprisonment for life unless circumstances show it is manifestly unjust

Must give written reason against life imprisonment