Class Notes (1,020,317)
AUS (34,927)
Griffith (267)
Law (46)
Lecture 5

5035LAW Lecture Notes - Lecture 5: Crimes Act 1958, Victorian Railways S Class, Cleft Lip And Cleft Palate

4 pages18 viewsSummer 2016

Department
Law
Course Code
5035LAW
Professor
Colleen Davis
Lecture
5

This preview shows page 1. to view the full 4 pages of the document.
END OF LIFE
Babies -Common law – born alive rule
oRequires
Birth
Life
oCriteria depends on case (breath, circulation of blood etc)
-Birth and alive at/after birth
oS 292
oR v Hutty
What constitutes breathing?
oR v Handley
S 20 Crimes Act 1900 (NSW)
oIndependent circulation?
oAny indication of life?
R v Iby – any sign of life = alive
Criminal responsibility for child death after a driving accident where a man crashed
into a car with a pregnant woman
C section required
Child died
Brain activity not clear nor breath but did have other life signs
Born alive can be satisfied by any sign of life (crying, breath, movement etc)
Accused found guilty
CURRENT AUST COMMON LAW POSITION
Life and death Crimes Act 1900 (NSW) s 20
-Cannot constitute murder if no breath
-Manslaughter requires just a sign of life
Transplantation and Anatomy Act 1979 (Qld) s 45
-Criteria = brain death
-Persistent vegetative state – can still show life not brain death
oStill functioning brain stem
-Heart can keep beating without link to the brain
-Can a person be legally alive and dead at the same time?
oYes – conjoined twins
oAnencephalic infant
Lord Goff and
Bland
-Omissions only with a duty are liable however, if they are futile they are not liable
oDefence to allow early death
oS 296 – acceleration of death
oBest interests
oS 285 = duty
oIntent to kill = can result in murder
oConsent irrelevant
ABORTION
Abortion -Abortion law in QLD is flawed and s 282 can apply in a variety of circumstances – it is broad
-R v Leach & Brennan (Cairns case)
-R v Cullen
-Rights of mother prevails
-Only surgical operations recovered in s282 before amendment
Sections
S 224 Attempts to procure abortion
S 225 The like by women with child
S 226 Supplying drugs or instruments to procure abortion
S 282 (1) EXCEPTION (necessity)
find more resources at oneclass.com
find more resources at oneclass.com
You're Reading a Preview

Unlock to view full version


Loved by over 2.2 million students

Over 90% improved by at least one letter grade.