CRIME

what must the prosecution/the crown prove

its case beyond reasonable doubt 

Causation

the link between the behaviour of the accused and the result (that is, that the behaviour of the accused actually caused the alleged criminal act)

homicide

the unlawful killing of another person

includes both deliberate and accidental acts of killing

causation must be established between the actions of the accused and the death of  the victim

The four main catergories of homicide in NSW

murder manslaughter infanticide and dangerous driving ocasioning death

murder

the deliberate killing of a person

 Boughey v The Queen (1986) 161 CLR 10, [Murder case]

doctor strangled his wife during a sex ‘game’.

The court held that there was a substantial or good chance of harm, that Boughey had the knowledge and capacity to know better, and that the act constituted a ‘reckless indifference to human life’

What are the 4 elements that the prosecution must show exist in a murder case?

1. The accused intended to deliberately kill the victim

2. The accused set out to inflict serious bodily harm, which resulted in death

3. The act was done with reckless indifference to another human life; that is, the doing of an act with the foresight of the probability of death arising from that act

4. The act was done while committing or attempting to commit another serious crime punishable by life or 25 years imprisonment

Manslaughter

the killing of a person in a manner that is considered to be less intentional than murder

punishable by up to 25 years imprisonment

3 types of manslaughter

Voluntary

Involuntary

Constructive

Voluntary Manslaughter

occurs when a person kills with intent, but there are mitigating circumstances (such as the defence of provocation). For the crime to be classed as voluntary manslaughter, not murder, there must be mitigating circumstances