Topic 6 - Homicide (murder)

Question 1

Crimes Act s 6

Answer 1

• infanticide
• where a woman causes the death of her infant child under 2yrs in circumstances would amount to murder but where her mental state is disturbed by giving birth

Question 2

Crimes Act s 318

Answer 2

Culpable driving causing death
- accused’s driving must involve such a great falling short of the standard of care that a reasonable person would have exercised AND that there was a high risk that death or injury would follow

Question 3

Sir Edward Coke definition of murder

Answer 3

• of sound memory and of the age of discretion
• unlawfully kills
• any reasonable creature in being
• under the King’s peace
• with malice aforethought either express or implied by law
• within a year and a day

Question 4

He Kaw Teh (1985)

Answer 4

Voluntariness - ‘conscious control of bodily movement’

Question 5

R v Schaeffer

Answer 5

voluntariness needs conduct to be ‘conscious, voluntary and deliberate’

Question 6

Voluntariness cases

Answer 6

• He Kaw Teh
• Ugle
• Whitfield
• Ryan v R

Question 7

Causation cases

Answer 7

• R v Hallett
• Royall v R
• R v Pagett
• R v Blaue
• R v Jordan
• R v Smith
• R v Evans and Gardiner (No 2)
• R v Malcherek; R v Steel
• Swan v The Queen

Question 8

R v Hallett

Answer 8

• Def’s acts must be the substantive and operating cause of the victim’s death

Question 9

Royall v R

Answer 9

• Where the conduct of the accused induces in the victim a well-founded apprehension of physical harm such to make it a natural/reasonable consequence that the victim would try escape, the injury is caused by the accused’s conduct

Question 10

R v Smith

Answer 10

• If at the time of death the original wound is still the operating and substantial cause, the death can be attributed to be the result of the wound, albeit some other cause of death is also operating.
• Only if the second cause is so overwhelming as to make the original wound merely part of the history can it be said the death doesn’t flow from the wound.

Question 11

Swan v The Queen

Answer 11

The relevant causal link b/w an accused’s conduct and death can include pathways inv multiple steps, including decisions made by the victim, family members and doctors as to medical treatment.

Question 12

R v Crabbe

Answer 12

• If a person does an act knowing it is PROBABLE that death/grievous bodily harm will occur, they are guilty of murder if death results. POSSIBILITY is not enough.

Question 13

Transferred malice

Answer 13

If D shoots at V and hits and kills W instead, D is guilty of the murder of W (and the attempted murder of V)

Question 14

Crimes Act s 3A

Answer 14

Unintentional killing in the course or furtherance of a crime of violence
- constructive/statutory murder
- broadly interpreted