LAWS1206 Lecture Notes - Lecture 6: Child Murder, Grievous Bodily Harm, Urinary Tract Infection
Week 4 Monday : homicide
Wednesday, 15 March 2017
17:09
Overview for today
Relevant sections of the Crimes Act 1900 (NSW) - (including section 18
and section 19A)
Physical Element of Murder (Actus Reus)
1. What is a human being?
The beginning of life
The end of life
2. What tests are applied to determine whether the accused caused the death
of the victim?
Royall v The Queen (1991) 172 CLR 378
Very simple cases? (Campbell v The Queen [1981] WAR 286)
More complex cases? Operating and substantial cause test
Where there is a novus actus interveniens argued?
Natural consequence test
Reasonable foreseeability test
Operating and substantial cause test
Homicide: fatal harm to human beings, not always unlawful, it may be lawful. This is a
type of offence
Such as self-defence
Manslaughter
Crimes Act 1900 (NSW)
Section 19A Punishment for murder
(1) A person who commits the crime of murder is liable to imprisonment for life.
(2) A person sentenced to imprisonment for life for the crime of murder is to serve that
sentence for the term of the person’s natural life.
(3) Nothing in this section affects the operation of section 21(1) of the Crimes
(Sentencing Procedure) Act 1999 (which authorises the passing of a lesser sentence than
imprisonment for life).
(4) This section applies to murder committed before or after the commencement of this
section.
(5) However, this section does not apply where committal proceedings (or proceedings
by way of ex officio indictment) for the murder were instituted against the convicted
person before the commencement of this section. In such a case, section 19 as in force
before that commencement continues to apply.
find more resources at oneclass.com
find more resources at oneclass.com
(6) Nothing in this section affects the prerogative of mercy.
Crimes (sentencing procedure) Act 1999
Section 21
(1) If by any provision of an Act an offender is made liable to imprisonment for
life, a court may nevertheless impose a sentence of imprisonment for a specified
term.
Section 61
(1) A court is to impose a sentence of imprisonment for life on a person who is
convicted of murder if the court is satisfied that the level of culpability in the
commission of the offence is so extreme that the community interest in retribution,
punishment, community protection and deterrence can only be met through the
imposition of that sentence. (considering culpability)
Crimes Act 1900 (NSW)
Section 18 Murder and manslaughter defined
(1) (a) Murder shall be taken to have been committed where the act of the
accused, or thing by him or her omitted to be done, causing the death charged, was
done or omitted with reckless indifference to human life, or with intent to kill or
inflict grievous bodily harm upon some person, or done in an attempt to commit, or
during or immediately after the commission, by the accused, or some accomplice
with him or her, of a crime punishable by imprisonment for life or for 25 years.
(b) Every other punishable homicide shall be taken to be manslaughter.
(2) (a) No act or omission which was not malicious, or for which the accused had
lawful cause or excuse, shall be within this section.
(b) No punishment or forfeiture shall be incurred by any person who kills
another by misfortune only.
Felony murder or constructive murder:
Armed robbery
No need for mens rea
Because the underlying criminality, provides the degree of culpability
sufficient to punish murder
ELEMENTS OF THE OFFENCE
Actus reus elements:
An act or omission of the accused (nb everything you have already
learned about voluntariness – ie we are looking for the accused’s voluntary act
or omission)
Causing the death charged (the death of a human being)
Mens rea elements:
Intent to kill or
Intent to inflict grievous bodily harm or
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Relevant sections of the crimes act 1900 (nsw) - (including section 18 and section 19a) Very simple cases? (campbell v the queen [1981] war 286) Homicide: fatal harm to human beings, not always unlawful, it may be lawful. In such a case, section 19 as in force before that commencement continues to apply. (6) nothing in this section affects the prerogative of mercy. Section 21 (1) if by any provision of an act an offender is made liable to imprisonment for life, a court may nevertheless impose a sentence of imprisonment for a specified term. Because the underlying criminality, provides the degree of culpability sufficient to punish murder. An act or omission of the accused (nb everything you have already learned about voluntariness ie we are looking for the accused"s voluntary act or omission) Causing the death charged (the death of a human being) Exceptional category of murder: felony or constructive murder.
