JSB171 Lecture Notes - Lecture 1: Protection Racket, Arson, Actus Reus
Document Summary
Write: unlawful homicide (crime) is defined and created in s300 cc as when a person unlawfully kills another, which is either murder or manslaughter according to the circumstances of the case. Once an unlawful killing has been established it will be characterised as either murder (s302) or manslaughter (s303). Write: [accused] and [victim] are clearly persons under the cc. It is a defence if it was during a surgical operation to preserve the mother"s life (s282 doesn"t say has to be a doctor); queen v bayliss (used defence successfully). Cases: castles: accused attempted to abort by syringing warm water into uterus of woman who was 22 weeks pregnant, two days later baby born, little prospect of living after two hours. Write: [accused]"s actions will be unlawful unless authorised, justified or excused by law: s291. Authorised: state executions and killings made legal by the state. Self-defence and defence of a dwelling:s271 & s267.
