Class notes
Laws 1014 Murder and Manslaughter Notes
- Course
- Institution
This is a comprehensive and detailed note on Murder and Voluntary Manslaughter for Laws 1014. Essential!!
[Show more]
Seller
Follow
anyiamgeorge19
Reviews received
Content preview
Tuesday, 3 November 2020Criminal law lecture 5 notes
Homicide offences!
- Murder!
• Defendant intended to kill!
- Manslaughter!
• Voluntary manslaughter!
- Defendant intended to kill but had some sort of partial defence that made
them not culpable enough to constitute murder!
• Through partial defence of loss of control!
• Through partial defence of diminished responsibility !
• Through a suicide pact!
• Involuntary manslaughter!
- Prosecution unable to establish mens rea to kill - not murder!
• Through an unlawful and dangerous act!
• Through gross negligence!
• Recklessness!
1
, Tuesday, 3 November 2020
Stake - murder sentencing!
• Murder (Abolition of Death Penalty) Act 1965!
- Mandatory life sentence !
• Criminal Justice Act 2003!
- Starting point for minimum periods served in prison before eligible for release
(12, 15, 25, 30 or whole life)!
- Varies by seriousness of the murder - double or more murder, abduction,
sexual assault, terrorism etc!
- After minimum term can be released on parole but on life license - breach of
license leads to recall of prisoner to prison!
• Existence of mandatory sentence has shaped the substantive law of murder
and manslaughter !
- Varying context of murder - sadistic killer v mercy killing v killing of abuser etc!
- Too indiscriminate - calls for discretionary sentencing framework!
Definition of murder!
- Common law offence - no statutory definition of murder!
• Case law established following 4 requirements!
- The victim was a person!
- The victim died!
- The defendant was the cause of the victim’s death!
- The defendant intended to kill the victim or cause the victim to suffer
grievous bodily harm!
- (1) Victim was a person!
• When does a foetus become a person/being? - can be victim of offence of
murder!
- Attorney-General’s Reference (No 3 of 1994)!
• For foetus to become a person and being !
- Whole body of the child must emerge into the world and sustain an
existence independently separate from that of the mother for however
brief a period of time!
2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller anyiamgeorge19. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
83662 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now