033 Crim A Notes
Criminal Law-033 Crim A Notes
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The Burden of Proof Prosecution bears the onus of proving the D's guilt "beyond reasonable doubt" Woolmington principle - Beyond reasonable doubt = practical/virtual certainty, not absolute (Goncalves) Juries should not be instructed on meaning of reasonable doubt - Leads to confusion with feeling sure, there being a possibility or chance (R v Green) Unlawful Killing Murder & Manslaughter (Code s300) Code s291 killing any person is unlawful unless authorised, justified or excused by law Defn of killing: s293 causing death `directly or indirectly' by act or by omission (in breach of a duty to act) Code s284 consent does not affect criminal responsibility
1. Murder
An unlawful killing becomes murder when: There is an intent to kill or cause grievous bodily harm on the person killed or some other person s302(1)(a) - Immaterial that no intent re the person killed Cod...
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