Murder is considered what type of criminal offence?
Indictable offence
Name of the indictable offence heard in the Magistrates Court
indictable offences heard summarily
This type of offence deals with more serious crimes that carry jail time of more than 5 years in prison.
Indictable offence
Name 5 defences to murder
self defence, automatism, duress, mental impairment, accident
Shawn off shot gun, machete, knife
Failing to look both ways when driving through an intersection or driving without your lights on at night is an example of....?
Criminal Negligence
What is the maximum sentence for any murder charge?
Life imprisonment
accessory
someone who, after a crime is committed and knowing that it was, receives, comforts, or helps the criminal so that he or she can escape.
Define Mens Rea and Actus Reus
1.Actus Reus: “a wrongful action” - includes: The act is wrongful and/or the failure/omission to act.
2.Mens Rea: “a guilty mind” - the person had a guilty intention, premeditated the crime, planned it
What is another name for sleepwalking as a defence to murder?
automatism
Provocation
action or speech that makes someone annoyed or angry, especially deliberately.
a preceding set of events that might cause a reasonable individual to lose self control.
“a person who aids or abets a criminal is________________________ as the person who actually carries it out”
just as guilty of the crime
Name 4 elements needed to constitute murder.
1. unlawful - killing was unlawful
2. voluntary - accused's acts were voluntary
3. causation - the accused committed acts that caused the victim's death
4. intent to kill - the accused acted with intent to kill or cause serious harm
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Define Treason
the crime of attacking a state authority to which one owes allegiance.
What is the difference between an accessory and principal offender?
Whereas a principal offender under criminal law, is a person who is primarily responsible for a criminal offence.