LAW1114 Study Guide - Final Guide: Pressure Ulcer, Mattress, Stab Wound
13 Aug 2018
School
Department
Course
Professor
Document Summary
Topic 7: homicide: categories of homicide, to establish the ar of any homicide, start with: Causing death: and then check if there is the mr for murder: Intention to kill or cause gbh (or transferred malice); Constructive murder under s. 3a of the crimes act or under the common law escape-murder" rule: if there is no mr for murder, consider the alternative offences of: Negligent manslaughter (a) common law homicide (i) murder (principles from the common law. Penalty: s. 3 ca= life imprisonment) (ii) manslaughter (principles from the common law. Elements under the common law definition of murder* A man of sound memory of the age of discretion (a sane person, over the age of 10) Unlawfully (this leaves open the issue of raising a successful lawful defence) Killeth (to kill involves a voluntary act that causes death. A person has died if there is irreversible cessation of (a) circulation or (b) brain function: s. 41 human tissue act (vic)
