Complete Criminal Law Notes

Topics: Criminal law, Assault, Grievous bodily harm Pages: 43 (11263 words) Published: November 5, 2013
Criminal Law 2
Homicide
1. Murder
a. Actus
i. Act or omission must have caused the death (s 18(1)(a) CA) b. Mens
i. No punishment shall be incurred by person who kills by misfortune only (s 18(2)(b)) ii. Intention to kill or inflict GBH(s 18(1)(a))
1. Requirement that D has actual awareness of consequences of actions (Aiton) 2. Subjective test: Conscious purpose, decision not desire (Hyam) 3. Foresight of certainty (Woollin)
4. Knowledge of chance of consequences fulfils malice requirement (Coleman); transferred malice (intent to kill some1 else)
5. "Grievous bodily harm" includes(s 4):
(a) the destruction of foetus, whether or not the woman suffers any other harm, and (b) any permanent or serious disfiguring of the person, and
(c) any grievous bodily disease (causing a person to contract a grievous bodily disease).

iii. Reckless indifference to human life(s 18(1)(a))
1. Act or omission must be malicious and without lawful cause/excuse (s 18(2)(a)) 2. ProbabilityNOT possibility of death or GBH required(Crabbe) a. Probability = likely, a real and substantial risk (Boughey), in that it could well have happened as a result of the act (Darkan)

b. Not indifference as to consequences; but knowledge that those consequences will probably occur
c. Not a remote chance (Annakin)
3. Wilful blindness has no role to play in murder, the question is if D had actual knowledge or foresight of the probability of death/GBH, imputed knowledge is not enough (Crabbe) – subjective test!

4. Reckless indifference to GBH and not death issue amounts to manslaughter rather than murder (Solomon)
iv. So long as one of the mental states for murder was present, irrelevant that the accursed did not intend the precise way in which death actually occurred (Royall) c. Penalty
i. Life imprisonment (s 19A(1)); natural life (s 19A(2))
1. If court is satisfied that level of culpability is so extreme that community interest in retribution, punishment, community protection and deterrence can only be met through that sentence (s 61 CSPA)

ii. Imprisonment for specified term can be imposed otherwise (s 21(1) CSPA) 2. Suicide
a. Not a criminal offence to attempt suicide (s 31A CA)
b. Offence to aid or abet suicide (s 31C(1))
3. Euthanasia
a. help bring about their death = murder/aiding or abetting suicide- 10 yrs imprisonment. (s 31C(1)) 4. Protecting the foetus
a. Foetus
i. Right of pregnant women to choose whether to undergo medical treatment outweighs foetus’ need for treatment (St George’s Healthcare)
ii. Abortion: offence to perform act with intent to procure miscarriage, unless therapeutic (ss 82-84 CA)
iii. Violence to foetus causing death in utero (King)
1. Not murder or manslaughter
2. Death of foetus = GBH to pregnant woman (s 4 CA)
b. Child – ‘alive’
i. Definition:
1. Murder: child is held to be alive if it has breathed, independent circulation and been wholly born into the world (s 20)

2. Manslaughter: any sign of life after delivery (Iby)
ii. Child born alive but dying due to earlier violence can constitute criminal homicide and causing death by dangerous driving (Case of F)
iii. GBH to child during /after delivery (s 42)
iv. Wilfully contributing to a child’s death during/after delivery – alternative to murder (s 21) 5. Constructive Murder
a. Actus
i. Act or omission causing death is done in an attempt to commit, or during/immediately after commission, by accused/with accomplice,of a crime punishable by imprisonment for life or 25 years (s 18(1)(a) CA)

ii. Acts done in furtherance of/associated with purpose of committing felony (Mraz) iii. Base offence:
1. Felonious conduct must involve violence or danger to some person (Ryan) 2. Example s 98 CA: robbery with arms and wounding
b. Mens
i. No intent to murder
ii. Guilty mind must coincides with substantial act, but need not coincide with final act, e.g. walking around with loaded gun (Ryan)
iii. Death may be an accident; but act causing death must still be...
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