LAW109 Lecture Notes - Lecture 5: Gross Negligence, Mandatory Sentencing, Grievous Bodily Harm
8 May 2018
School
Course
Professor
LAW109 Lecture
Week 5 [Homicide]
Homicide
Voluntary Manslaughter
- Actus reus and mens rea for murder, but mitigating circumstances warranting lesser
liability
- Key heads of partial defence
o Extreme provocation
o Substantial impairment by abnormality of the mind
o Excessive use of force in self-defence
Extreme Provocation
Statute
S 23 Crimes Act 1900 (NSW)
Case Law
Moffa v The Queen
Stingel v The Queen
Green v The Queen
Tests
Subjective: loss of self control
Objective: ordinary person and self control
Substantial Impairment by Abnormality of the Mind
Statute
S 23A Crimes Act 1900 (NSW)
Conditions
Must be abnormality of the mind
Must arise fro uderlig oditio
Capacity to understand events, judge right from wrong, or ability to
control self was substantially impaired
Examples
Chronic or severe depression
Personality disorder
PTSD
Cognitive impairment from medical condition, e.g. diabetes
Involuntary Manslaughter
- Defined at common law
Homicide
Manslaughter
Voluntary
Manslaughter
Involuntary
Manslaughter
Murder Assault
causing death
Infanticide
etc.
Dangerous
driving
causing death
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Actus reus and mens rea for murder, but mitigating circumstances warranting lesser liability. Key heads of partial defence: extreme provocation, substantial impairment by abnormality of the mind, excessive use of force in self-defence. Capacity to understand events, judge right from wrong, or ability to control self was substantially impaired. Punishment stipulated by s 24 of the crimes act 1900 (nsw: maximum 25 years. The two main types are: unlawful and dangerous act manslaughter (wilson, negligent manslaughter, which can be committed by way of, a positive act (lavender), or, an omission (taktak) [need to establish a duty of care] Act caused the death of the victim. The act created an appreciable risk of serious injury in the mind of a reasonable person. Discharging a firearm in a public place. Voluntary act or omission: omission must have a recognised duty of care in order to prove that there was an omission of said duty of care.
