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Homicide Homicide 

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					Homicide
 Killing of a person by another person
 See Table 3.2 p.67
 Homicides may be:
    1. lawful or
    2. unlawful
Lawful homicide
There are 4 categories of lawful homicide:
1. When the killing is required by the law.
2. When the killing is a result of using
   reasonable force to enforce the law.
3. When the killing is committed in self-
   defence.
4. When the death was caused by
   accident or misadventure (don‟t get
   confused with manslaughter)
Unlawful homicide
There are 6 categories of unlawful
  homicide:
  1. Murder
  2. Manslaughter
                                           COPY
  3. Defensive homicide
  4. Infanticide
  5. Child homicide
  6. Driving offences – culpable driving and
     dangerous driving causing death
Murder
Handout – Reported cases on
murder
 What is murder in the State of Victoria?
 Working in groups of 3-4, complete:
    1. Q1
    2. Q2
    3. Q3
    Groups to report back to class
Murder
 When a person intentionally or
  recklessly kills another
 Definition – case law: (simplified) (pp.68-
  69)
“A person of sound memory and discretion
  unlawfully kills any person with malice
  aforethought (express or implied).”
Elements of murder
1. Person of sound memory
2. And discretion
3. Unlawfully kills
4. With Malice aforethought (express or
   implied)


               Copy this slide, then use your textbook
                to explain what each element means
                                 (p.69)
Case study p.70
 Read „Mother buries her crimes‟
 Q1 – apply the definition/elements of
  murder (you do this one by one):
    1. Person of sound memory
    2. And discretion
    3. Unlawfully kills
    4. With Malice aforethought (express or
       implied)
   Q2
Handout – Reported cases on
murder
 Now apply the definition to the three
  scenarios in question 4.
 Is D guilty or not guilty of murder?
Manslaughter p.70
   Manslaughter occurs when a person
    unlawfully kills another person
    a) As a result of an unlawful and dangerous
         act/omission; OR
     ○    Unlawful act which is so dangerous that
          reasonable person would foresee
          death/serious injury
     ○    Intentionally causes bodily harm (although
          didn‟t intend to cause serious injury/death)
Manslaughter continued
    Manslaughter occurs when a person unlawfully kills another
     person:
    a)  As a result of an unlawful and dangerous act/omission;
        OR

    b) As a result of criminal negligence
    ○ Negligence – accused failed to maintain the standard
       of care a reasonable person would in the same
       cirucmstances.
    ○ “such a great falling short of the standard of care and
       which involved such a high risk of death or serious
       injury that the doing of the act merited criminal
       punishment”
Activity
 Case study – p.71
 Justify your conclusion by matching the
  facts to the definition of the crime
Defensive Homicide
Culpable driving

				
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posted:10/7/2011
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