Economics 3366A/B Study Guide - Quiz Guide: Mens Rea, Manslaughter, Grievous Bodily Harm
8 Oct 2020
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Principle of guilt as the cover stone of criminal liability -> without mental attitude no justice for punishment (exception: strict liability crimes) Murder art 289 = intention + premeditation. (2) recklessness = extreme careless dangerous behaviour. Murder s. 1(1) murder act 1965 = intention to kill / cause grievous bodily harm -> must impose life imprisonment. Voluntary manslaughter = mens rea for murder, but mitigating circumstances (e. g. loss of self-control (out of fear of serious violence), diminished responsibility (abnormal mental functioning)) Involuntary manslaughter = mens rea for murder is missing. Constructive manslaughter = any dangerous unlawful act, mens rea for offence needed. Gross negligence manslaughter (gross violation of duty of care) Motive is generally irrelevant, but legislator can make it relevant (e. g. 211 gcc) Indirect intent = offender foresees consequence of his conduct as (almost) certain. Awareness of a risk (nl: a considerable risk, ger: any kind of risk)
