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What is Malice Aforethought? The required mental characteristics to commit murder - the intention to kill or cause harm.
What is intentional murder? Murder is intentional if an actus reus (guilty act) and a mens rea (guilty mind) can be proven. The guilty party planned to commit the murder and the guilty persons act caused the death.
What is reckless murder? A crime i which the accused acted with reckless indifference. The accused knew that their act would cause death or grievous harm but ignored the risk
What is the chain of causation? The chain of causation is the chain of events that led to a persons death. The chain of causation must be uninterrupted. E.G: Thomas shoots James. James dies as a result. No other interference, Thomas started the chain that led to James' death.
Define Novus Actus Interveniens Acts that may distort the chain. E.G: An act of a third party, an act of the victim (unforeseeable act of the victim) or medical intervention.
What is manslaughter? when a mens rea is not possessed when someone commits murder it is classified as manslaughter which is unintentional murder.
Define criminal negligence When death comes due to the accused behaving, or not behaving, in a manner that would be expected of a reasonable person EG: not showing a duty of care that results in a victim dying.
What is child homicide? The killing of a child under 6 in circumstances that would constitute manslaughter is guilty of child homicide rather than manslaughter.
Define Infanticide a woman carrying out conduct that causes the death of her child. Must be disturbed due to not recovering from giving birth to her child within 2 years or a disorder due to giving birth or it is not infanticide and rather, murder.
What are some defences to homicide? Self-defence - can be used when the accused can establish their safety was in immediate and serious danger Duress - used when personal safety is directly threatened by another person resulting the accused to bring harm to another to avoid this threat
What are some more defences to homicide? Mental impairment - used in cases when the accused was suffering from illness that resulted in the accused being unaware of what they were doing or being unaware that their conduct was wrong Factual dispute - disputes that diminish actus reus or mens rea
How does homicide impact individuals and society? pain, suffering and general trauma, ongoing emotional pain and distress. Creates a deal of fear and anxiety in the community, may cause suspicions of each other.
What are the principles of justice? Fairness, access and equality
What is the role of courts and parliament? Parliament makes laws broad about murder and the courts interpret the laws in specifics
Define statutory interpretation Judges must interpret law and consider what lawmakers in parliament had in mind when the act was conceived
What happened in the Thabo Meli v R case?
Created by: RJoshua1001