LLB 130 Lecture Notes - Lecture 4: Statutory Interpretation, Crimes Act 1900, Criminal Negligence
Week 4 – Homicide
Legislative framework
Crimes Act 1900: s18 murder and manslaughter defined (1)(a) Murder shall be taken to have
ee oitted here… eer other puishale hoiide shall e take to e
manslaughter
S24 Manslaughter punishment whosoever commits the crime of manslaughter shall be
liable to imprisonment for 25 years
Two heads of involuntary manslaughter
1. Unlawful and dangerous act
2. Criminal negligence
• Note: no requirement to prove MR states for murder
• Manslaughter is not easily divisible into classic AR/MR breakdown
• NB. Same set of facts may give rise to liability under each: Burns at [7]
1. Unlawful and dangerous act
AR: death of a person caused by an unlawful act of D – identify act which caused the death
Must also be a dangerous act
D must intend to commit the act that caused the death (being the unlawful act)
Unlawful act:
• Must be an act
• Not just breach of statutory/regulatory prohibition, civil law – must be something
ulaful aout it
• D must have the MR (intent) for the unlawful act: Lamb
• The unlawful act must cause the death (Burns [2012] HCA 35)
Eleet of dagerousess
• Test: would the reasonable person, in the position of D, have appreciated that the
unlawful act exposed the V to an appreciable risk of serious injury: Wilson (1992)
• Objective test of RP but with some subjective factors
find more resources at oneclass.com
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Document Summary
Crimes act 1900: s18 murder and manslaughter defined (1)(a) murder shall be taken to have (cid:271)ee(cid:374) (cid:272)o(cid:373)(cid:373)itted (cid:449)here (cid:894)(cid:271)(cid:895) e(cid:448)er(cid:455) other pu(cid:374)isha(cid:271)le ho(cid:373)i(cid:272)ide shall (cid:271)e take(cid:374) to (cid:271)e manslaughter. S24 manslaughter punishment whosoever commits the crime of manslaughter shall be liable to imprisonment for 25 years. Two heads of involuntary manslaughter: unlawful and dangerous act, criminal negligence, note: no requirement to prove mr states for murder, manslaughter is not easily divisible into classic ar/mr breakdown, nb. Same set of facts may give rise to liability under each: burns at [7: unlawful and dangerous act. Ar: death of a person caused by an unlawful act of d identify act which caused the death. D must intend to commit the act that caused the death (being the unlawful act) Duty of care an obligation recognised by law (not just a moral duty) R v cameron e. g. status relationship parent to child, teacher to student, emergency worker.
