MLL214 Study Guide - Final Guide: Well-Founded Relation, Jury Instructions, Murder 3

• School: Deakin University
• Department: Business and Law
• Course: MLL214
• Professor: Brienna Bagaric

Document Summary

Homicide: homicide- term used to describe the lawful or unlawful killing of a human being. It is further described as a volitional/voluntary act (or omission to act) that causes the death of another human being sooner than it would have otherwise occurred. All categories of unlawful homicide (murder and manslaughter) share an identical ar component. Distinction between murder and manslaughter depends upon one or both of two legal factors: the mens rea required and the operation of some defences that reduce murder to manslaughter. Malice aforethought is outdated term of art as you can now commit murder without malice. Common law constructive murder- murder in the course of making a lawful arrest. Reckless- (cid:455)ou do(cid:374)(cid:859)t (cid:272)a(cid:396)e if so(cid:373)eo(cid:374)e dies (cid:271)ut (cid:455)ou k(cid:374)o(cid:449) it (cid:449)ill p(cid:396)o(cid:271)a(cid:271)l(cid:455) happe(cid:374) if (cid:455)ou a(cid:272)t i(cid:374) a (cid:272)e(cid:396)tai(cid:374) (cid:449)a(cid:455) Various types of intent consequence- mitigation of conviction and punishment. Voluntary- actions causing death were not reasonable very rare (eg, suicide pact)