Criminal Law A
Criminal Law-Criminal Law A
Resource Sample
CRIMINAL LAW EXAM NOTES Question 1. 3 CATAGORIES OF UNLAWFUL HOMICIDE
I. II. III. Murder Voluntary manslaughter Involuntary manslaughter
A. MURDER
SUMMARY OF REQUIREMENTS
1. Mental/Fault elements mens rea Acted or omitted with a) reckless indifference to human life intent to kill b) c) intent to cause grievous bodily harm d) during or immediately after the commission of a serious criminal offence punishable by life or 25 years. (Constructive Murder) 2. Physical elements actus reus a) Act or omission of the accused b) Causation c) Other factors to consider i) Intervening acts and events: Novus Actus Interveniens (NAI) ii) Pre-existing susceptibility egg shell skull rule iii) Death of a living person born alive rule for infants 3. When mental and physical elements are satisfied but circumstances lead to manslaughter a) Provocation b) SIAM Excessive self defence c) d) Infanticide
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