LLB106 Lecture Notes - Lecture 6: Criminal Negligence, Obiter Dictum, Endangerment
Document Summary
Criminal negligence: 285 - provision of necessaries. Held to have caused any consequences to their life or health due to any omission to perform that duty. Omission so gross that intention to do at least gbh inferred. Another necessary of life is medical assessment and treatment which would lead to an earlier resumption of medication: 288 - duty of persons doing dangerous acts. R v o"halloran [1967] qd r1: criminal negligence can apply even if the acts were done deliberately or wilfully, with a full appreciation of the risk, but an intention to avoid it. Murder consists of the unlawful killing of another under any of the 5 circumstances contained in: 302(1). 302(1)(a) where the offender intends to kill or to do gbh to any person. Requires intention to cause death, or gbh (s. 1 code def) Any injury: endangering life or likely to cause permanent injury to health includes permanent disfigurement loss of part or body or organ of body.
