LAW 2599 Lecture Notes - Lecture 4: Manslaughter, Voluntary Manslaughter, Lesser Included Offense
23 May 2018
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PQ PROCESS- murder
fact- someone has died- begin with murder, work down to manslaughter is necessary
Step 1: identify the legislation and its elements
1. Identify physical elements- below
2. Identify fault elements - below
3. no inherent statutory defences
4. Identify if a full fault/ strict liability/ absolute liability offence
a. Murder = FF
b. S 12A UDA = AL
c. Voluntary manslaughter = FF
d. Involuntary manslaughter = SL
Step 2: assess the client’s liability
1. Clarify definitions
2. Voluntariness
3. Apply facts to elements
4. Apply facts to statutory defence
Step 3: Burden of proof = prosecution to prove beyond reasonable doubt.
Step 4: Seriousness and penalty of offence (below)
Step 5: defences? Note evidential burdens etc- Go to relevant notes
1. Mental impairment
a.
2. Self-defence
a. SD = acquittal
b. Excessive SD = murder reduced to manslaughter
Step 6: alternative charges
1. Attempted murder/ manslaughter go to attempts notes
2. To murder- manslaughter available as an alternative verdict in every trial for murder- PROVIDED either
voluntary or involuntary manslaughter can be established on the facts R v Marshall
Step 7: whether to plead guilty or not guilty (explain grounds), negotiate alternative with police, other action
1. If likely PE and FE for murder made out- advise D to please guilty early to manslaughter in the hope of
avoiding the mandatory life imprisonment with 20 years non-parole -- court has discretion in penalty for
manslaughter
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