Short answer

Question 1

What are the 2 critical factors to consider for a charge of murder?

Answer 1

Whether the offender intended to:
A. Kill the person or
B. Cause bodily injury that the offender knew was likely to cause death

If neither of these intentions can be proven, most likely charge is manslaughter

Question 2

Murray Wright Ltd

Answer 2

Because the killing must be done by a human being, an organisation (such as a hospital or food company) cannot be convicted as a principal offender

Question 3

An organisation can be convicted as a party to the offence of manslaughter. True or false?

Answer 3

Yes

Question 4

An organisation cannot be convicted as either a principal or party to the offence of murder. True or false?

Answer 4

True.

Because murder Carries a mandatory life sentence

Question 5

Section 160: Culpable Homicide

Homicide is culpable when is consists in the killing of any person by:

Answer 5

a. An unlawful act
b. An omission without lawful excuse to perform or observe any legal duty
c. Both combined
d. Causing person threats or fear of violence or by deception to do an act which causes his death
e. By wilfully frightening a child under 16 or a sick person

Question 6

R v Horry: body not located

Answer 6

Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt.

Question 7

Non-culpable homicide

Answer 7

1. Homicide committed in self defence
2. Homicide committed to prevent suicide or commission of an offence which would be likely to cause immediate and serious injury to person or property

Question 8

R v Piri: Recklessness

Answer 8

Recklessness involves a conscious, deliberate risk taking. The degree of risk of death forseen by the accused under either Section 167 (b) or (d) must be more than negligible or remote. The accused must recognise a “real or substantial risk” that death would be caused

Question 9

R v Desmond: Unlawful Act

Answer 9

Not only must the object be unlawful, but also the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death

Question 10

Section 72: Attempts to do

Answer 10

1. Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accompanying his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not

Question 11

R v Murphy: Attempts

Answer 11

When proving at attempt to commit an offence, it must be shown that the accused’s intention was to commit the substantive offence. E.g, in a case of attempted murder l it is necessary for the Crown to establish an actual intent to kill

Question 12

176: Accessory after the fact of murder

Answer 12

Liable for imprisonment of 7 years who is an accessory after the fact of murder

Question 13

R v Mane: Accessory after the fact

Answer 13

For a person to be an accessory, the offence must be complete at the time of the criminal involvement

Question 14

Voluntary manslaughter

Answer 14

Example: suicide pact

Mitigating circumstances, such as suicide pact, reduce what would otherwise be murder to manslaughter, even though the defendant may have intended to kill or cause GBH

Question 15

Involuntary manslaughter

Answer 15

An unlawful killing which death is caused by an unlawful act or gross negligence. No intention to kill or cause GBH.

Question 16

Explain the difference between S 179 (Aiding and abetting suicide) and S180 (Suicide pact)

Answer 16

Aiding and abetting suicide is actually assisting person in affecting their purpose of killing themselves. For example, obtaining drugs used to 1X, telling someone how to gas themselves.

Whereas a suicide pact is two or more persons forming an agreement to to kill themselves

Question 17

What is a suicide pact?

Answer 17

A common agreement between 2 or more persons with the object of death of all of them

Question 18

181: Concealing dead body of child
What is the intent required?

Answer 18

Intent to conceal the fact of its birth whether child died before, during it after birth

Question 19

M’Naghten’s rules

Answer 19

Used to establish whether or not defendant is insane.

They do not know:

1. The nature and quality of their actions OR
2. That what they were doing was wrong

Question 20

What is automatism?

Answer 20

Automatism is the state of total blackout during which a person is not conscious of their actions and not in control of them

Question 21

Sane automatism

Answer 21

Sleepwalking, blow to the head, effects of drugs

Question 22

Insane automatism

Answer 22

Result of Mental disease

Question 23

Is automatism caused by alcohol or drugs a defence?

Answer 23

Automation by ingesting so many drugs or alcohol that they are not responsible for their actions is a defence available if the evidence of the defence can clearly raise the issue

Question 24

If intoxication is used to try establish ignorance of the law, it will not establish a defence. True or false?

Answer 24

True

Question 25

Compulsion: Compelling a person to do something against their will.

Answer 25

A person who commits an offence under compulsion by threats of immediate death or GBH from a person who is PRESENT when the offence is committed is protected from criminal responsibility if he believes that the threats will be carried out

Question 26

R v Joyce: Compulsion

Answer 26

The court of appeal decided that the compulsion must be made by a person who is present when the offence is committed

Question 27

Procedure when alibi witnesses are interviewed

Answer 27

1. Advise defence counsel of the proposed interview and give reasonable opportunity to be present 2. If defence counsel not present, endeavour to ensure witness is interviewed in presence of person not a member of police 3. Provide copy of statement to prosecutor to give to defence

Question 28

Section 158: Homicide defined

Answer 28

Homicide is the killing of another person, directly or indirectly

Question 29

What does culpable mean?

Answer 29

Culpable means the killing is blameworthy. It includes murder, manslaughter or infanticide.

Question 30

Section 178: Infanticide

Answer 30

A woman causes the death of any child under 10 in a manner that amounts to culpable homicide, and at the time of the offence the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of lactation or of any disorder consequent upon childbirth or lactation

Question 31

Defence of intoxication unlikely to succeed

Answer 31

Intoxication caused by alcohol or drugs may be a defence to all charges where their effect raises a reasonable doubt as to whether the offender had formed the law requisite intent for the offence