LLB106 Lecture Notes - Lecture 5: Breaking The Chain, Unlawful Killing, Criminal Negligence
Document Summary
Week 5: fundamentals of criminal law- homicide pt. 1. Week 6: elements of the offence of murder, elements of the offence of manslaughter, attempted murder and some procedural issues. * see queensland criminal law textbook oxford press to increase understanding. Chapter 27--duties relating to the preservation of human life. Section 291 cc- killing of a human being unlawful. It is unlawful to kill any person unless such killing is authorised or justified or excused by law. (1. person 2. kill 3. unless authorised, justified or excused) Deals with the difference between a child and a fetus; when does a fetus become a child or. S. 282 - provides some defence to this crime involving operations to save the mother(cid:495)s life. But to constitute homicide death must occur after birth, though the acts or omissions causing death may occur before birth: castles [1969] qwn 36 (per lucas j); martin (no. 2) (1996) 86 a. Element 2 - (cid:498)without authority, justification or excuse(cid:499) (unlawfulness)
