LLB106 Lecture Notes - Lecture 6: Victorian Railways S Class, Criminal Negligence, Arson
Document Summary
Week 6: fundamentals of criminal law- homicide pt. 2. Lecture outline: if causation can be established via the current test (reasonable foreseeability, substantial test) or via criminal negligence provisions ask whether the unlawful killing was: Murder (which is an unlawful killing meeting one of the 5 circumstances contained in s. 302(1) of the. Manslaughter (which is any unlawful killing which does not meet one of the 5 circumstances contained in s 302(1): attempted murder, murder and manslaughter as alternative verdicts, unlawful striking causing death. Any person who unlawfully kills another is guilty of a crime, which is called murder or manslaughter, according to the circumstances of the case. Code s 305 + s 181 corrective services act 2006 (qld) But unlike the penalty for murder this is not a mandatory sentence. Therefore the court is able to apply the full range of sanctions open to it pursuant to the penalties and sentences act 1992 (qld).
