7. Homicide PDF

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notes on homicide...

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Homicide HOMICIDE Look at the Crimes Act 1958 (Vic) s3. There are different categories of homicide: ***murder ITSELF if not itself defined in the Crimes Act.

Manslaughter

***in vic, feb 2016, proposals for NO BODY=NO PAROLE -

If a murderer doesn’t reveal where the body is, they will not be eligible for parole (penalties have changed over the years).

ABORTION Until 2008, abortion was illegal under s65 of the Crimes Act. Abortions must be now performed 24 weeks pregnant and earlier.

INFANTCIDE

Due to post-natal depression, if a woman causes the death of her child and the child is murdered within 2 years. This ONLY applies to the mother – not the father.

“KILL”

“take the victim as you find them”.

MURDER The definition of murder itself isn’t defined in the Crimes Act (the penalty is though). We must look to common law to define this type of homicide.

INTENTION (MR)

** intention to cause grievous bodily harm (really serious injury) IS DIFFERENT TO SERIOUS INJURY in the Crimes Act ; bodily/physical injury of a really serious kind. -

This is because mental injury is not included.

RECKLESS MURDER

** reckless murder doesn’t exist in all states. The test for this is WHETHER THE ACCUSED KNEW THAT DEATH/GREVIOUS HARM WAS A PROBABLE CONSEQUENCE OF THEIR CONDUCT. They will be found guilty of reckless murder. e.g. pointing a rifle at the sky and the bullet lands someone, are you guilty of reckless murder? Depends on jury deciding if you knew that the death was a probable consequence of your action. Need to question the accused’s foresight. LEVEL OF FORESIGHT (MENS REA) IS MUCH HIGHER THAN SOME OTHER OFFENCES. FORESIGHT MUST BE FOR DEATH/GREVIOUS BODILY HARM.

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Probable – mathematical calculation is NOT necessary.

CONSTRUCTIVE MURDER (s3A crimes act)

The moral aspect of their murder is so grave that they should be found guilty for murder. -

Lack of intention Lack of recklessness

** doesn’t exist in ACT/NT -

Must be an act of violence Must be a crime that have the necessary elements of an act of violence

REFLECTS the notion that a person who kills, while attempting to commit a crime/serious violent crime should be guilty of murder, even if they LACK INTENTION to cause death -

Must prove the mental element of the “trigger offence” – no intention/foresight

One way to get out of this offence is that CAUSATION IS BROKEN. Or you can argue that the act was INVOLUNTARY (as it is separate to intention) – relates to the ACTUS REUS.

CRIMES OF VIOLENCE    

Robbery Armed robbery Aggravated burglary Rape *** look at pentaly levels to indicate seriousness/level of violence

MANSLAUGHTER -

Prosecution is able to prove they killed the victim Defendant possessed MR to support the conviction of murder Defendant did so under some MITIGATING CIRCUMSTANCE

1. Voluntary manslaughter – homicide committed w/ requisite MR for murder, but some partial defence applies. (NOT EXAMINABLE) 2. Involuntary manslaughter – a. UDA (unlawful and dangerous act) manslaughter...