Podcast
Questions and Answers
Which of the following scenarios would most likely be classified as manslaughter rather than murder?
Which of the following scenarios would most likely be classified as manslaughter rather than murder?
- Intentionally poisoning a spouse to inherit their wealth.
- Shooting an intruder with the clear intent to kill.
- Causing a fatal car accident due to reckless speeding. (correct)
- Planning and executing the assassination of a political rival.
Which element, if missing, would most likely lead to a murder charge being reduced to manslaughter?
Which element, if missing, would most likely lead to a murder charge being reduced to manslaughter?
- Demonstration of the accused's intent to kill or cause serious harm. (correct)
- Confirmation that the accused's acts were voluntary.
- Proof that the killing was unlawful.
- Evidence that the accused's actions caused the victim's death.
In a murder trial, the defense argues that the accused was sleepwalking during the act. Which element of murder is the defense contesting?
In a murder trial, the defense argues that the accused was sleepwalking during the act. Which element of murder is the defense contesting?
- That the accused's acts caused the victim's death.
- That the accused's acts were voluntary. (correct)
- That the accused acted with intent to kill or cause serious harm.
- That the killing was unlawful.
A police officer shoots a suspect who is firing at civilians. Under what circumstance would this NOT be considered murder?
A police officer shoots a suspect who is firing at civilians. Under what circumstance would this NOT be considered murder?
Which of the following provides a defense against a murder charge by negating the element of intent?
Which of the following provides a defense against a murder charge by negating the element of intent?
If a victim dies from complications during surgery, weeks after being attacked, what element of murder might the defense challenge to argue against a murder charge?
If a victim dies from complications during surgery, weeks after being attacked, what element of murder might the defense challenge to argue against a murder charge?
What is the most severe penalty that can be imposed for a murder conviction?
What is the most severe penalty that can be imposed for a murder conviction?
Which of the following is NOT a specific type of homicide listed?
Which of the following is NOT a specific type of homicide listed?
Which situation exemplifies a break in the causal link between the accused's actions and the victim's death?
Which situation exemplifies a break in the causal link between the accused's actions and the victim's death?
What must the prosecution prove beyond reasonable doubt for a person to be found guilty of murder?
What must the prosecution prove beyond reasonable doubt for a person to be found guilty of murder?
A person is threatened with death unless they kill another individual. Which defense might they use?
A person is threatened with death unless they kill another individual. Which defense might they use?
Which defense argues that the accused was not in conscious control of their actions?
Which defense argues that the accused was not in conscious control of their actions?
In the context of self-defense as a defense to murder, what level of threat must the accused reasonably believe they are facing?
In the context of self-defense as a defense to murder, what level of threat must the accused reasonably believe they are facing?
If someone unintentionally kills another person while recklessly firing a gun, this act would most likely be categorized as what?
If someone unintentionally kills another person while recklessly firing a gun, this act would most likely be categorized as what?
What is generally required to argue 'sudden or extraordinary emergency' as a defense in a murder case?
What is generally required to argue 'sudden or extraordinary emergency' as a defense in a murder case?
If a person commits an act that causes the death of another, but they have a mental impairment that significantly impairs their ability to understand the nature of their actions, what defense might they use?
If a person commits an act that causes the death of another, but they have a mental impairment that significantly impairs their ability to understand the nature of their actions, what defense might they use?
A person punches another, who later dies due to unforeseeable complications from a rare blood disorder triggered by the punch. Which element of murder is most questionable?
A person punches another, who later dies due to unforeseeable complications from a rare blood disorder triggered by the punch. Which element of murder is most questionable?
Which of the following scenarios involving intoxication would likely be considered a valid defense against a murder charge?
Which of the following scenarios involving intoxication would likely be considered a valid defense against a murder charge?
Which of the following act is considered a 'Category 1' offence?
Which of the following act is considered a 'Category 1' offence?
Evidence of family violence may be used to prove a person acted under which of the following?
Evidence of family violence may be used to prove a person acted under which of the following?
Flashcards
Murder
Murder
The unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful justification.
Homicide
Homicide
Crimes that involve the killing of another person without legal justification.
Manslaughter
Manslaughter
The unintentional killing of a person due to a reckless, dangerous act or negligent behavior.
Infanticide
Infanticide
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Child Homicide
Child Homicide
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Culpable Driving Causing Death
Culpable Driving Causing Death
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Homicide by Firearm
Homicide by Firearm
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Unlawful Killing
Unlawful Killing
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Voluntary Acts
Voluntary Acts
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Causation in Murder
Causation in Murder
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Causal Link
Causal Link
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Break in Causal Link
Break in Causal Link
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Mens Rea in Murder
Mens Rea in Murder
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Intent to Kill or Cause Serious Harm
Intent to Kill or Cause Serious Harm
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Self-Defense
Self-Defense
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Mental Impairment
Mental Impairment
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Duress in Murder
Duress in Murder
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Sudden or Extraordinary Emergency
Sudden or Extraordinary Emergency
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Automatism
Automatism
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Intoxication
Intoxication
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Study Notes
- Murder is the unlawful and intentional killing of a human being by a person who acted voluntarily and without lawful justification.
- Murder falls under homicide, which involves the killing of another person without legal justification.
- Examples of other types of homicide include manslaughter, infanticide, child homicide, culpable driving causing death, and homicide by firearm.
- Murder is a category 1 offence, requiring imprisonment unless exceptional circumstances exist.
- The maximum penalty for murder is life imprisonment.
Elements of Murder
For a guilty verdict, the prosecution must prove beyond reasonable doubt:
- The killing was unlawful.
- The accused’s acts were voluntary.
- The accused’s acts caused the victim’s death.
- The accused acted with intent to kill or cause serious harm.
The Killing Was Unlawful
- The prosecution needs to prove the accused lacked legal justification for causing the death.
- Legal justifications include a soldier killing an enemy in battle, police during duty, self-defence, or duress.
The Accused's Acts Were Voluntary
- The prosecution is required to establish the accused was awake, aware, and in control of their actions.
- The act must be deliberate, not due to sleepwalking, seizure, or unintentional accident.
The Accused Committed Acts That Caused Death
- The prosecution must show the accused's acts significantly contributed to the victim's death.
- Causation must be proven, with a direct link between the accused's actions and the victim's death.
- If the death would not have occurred without the accused's actions, they likely caused it.
- An intervening event that breaks the causal link may absolve the accused of guilt.
- The victim has to be a living person who has been born.
The Accused Acted With Intent
- The prosecution must prove the accused acted with a 'guilty mind' (mens rea).
- It must be proven that the accused either intended to kill or cause serious injury, OR knew that death or serious injury was probable from their actions.
Defences to Murder
- If the prosecution fails to prove each element beyond reasonable doubt, the accused is not guilty.
- The accused may argue that intent was absent, causation was broken, or their actions were lawful.
- If one element of murder is missing, the accused might be charged with an alternative offence like manslaughter.
General Defences to Murder
- Self-defence: The accused believed their actions were necessary to prevent death or significant serious injury to themselves or another.
- Mental impairment.
- Duress: Threat must involve death or significant serious injury. Family violence evidence may support duress. Duress is invalid if the threat comes from someone with whom the accused voluntarily associated to commit violence.
- Sudden or extraordinary emergency: Must involve risk of death or serious injury.
- Automatism.
- Intoxication.
- Accident.
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