Homicide
Homicide- Murder and Constructive murder
Wallace (1986) Homicide: The Social Reality:
1. Homicide is socially, historically and culturally determined
2. Variety of offenders/victims/social settings
3. Interpersonal in nature, rather than instrumental/ideological
4. Interpersonal killings largely involve intimates
5. Homicide patterns reflect cultural norms
6. Spontaneous rather than premeditated
7. Offenders exhibit a wide range of moral culpability
Primarily committed by males 84% in 2006-7
Partial defence- provocation reduces murder to manslaughter
Crimes Act 1900 (NSW) s 18 – Murder and manslaughter defined
(1)
(a) the act of the accused caused the death was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon an attempt to commit, or during or immediately after the commission by the accused or some accomplice of him or her, punishable by imprisonment for life or 25 years
(b) Every other punishable homicide shall be taken to be manslaughter.
(2)
(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
(b) No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.
Homicide includes:
Murder
Constructive murder-
Voluntary manslaughter
Involuntary manslaughter- unlawful and dangerous act manslaughter, criminal negligence manslaughter
Homicide by omission
Killings with lawful justification or excuse
Accidental killings
Malice- comprehensive and applies to any legal act that is committed intentionally without Just Cause or excuse
Coleman case- death caused by an act done in an attempt to commit or immediately after the commission of a crime- rejected in Munro
S4 Crimes Act 1900- grievous bodily harm:
(a) The destruction (other than in the course of a medical procedure)if the foetus of a pregnant woman, whether or not the woman suffers any other harm
Crabbe and Royal- deal with
Wallace (1986) Homicide: The Social Reality:
1. Homicide is socially, historically and culturally determined
2. Variety of offenders/victims/social settings
3. Interpersonal in nature, rather than instrumental/ideological
4. Interpersonal killings largely involve intimates
5. Homicide patterns reflect cultural norms
6. Spontaneous rather than premeditated
7. Offenders exhibit a wide range of moral culpability
Primarily committed by males 84% in 2006-7
Partial defence- provocation reduces murder to manslaughter
Crimes Act 1900 (NSW) s 18 – Murder and manslaughter defined
(1)
(a) the act of the accused caused the death was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon an attempt to commit, or during or immediately after the commission by the accused or some accomplice of him or her, punishable by imprisonment for life or 25 years
(b) Every other punishable homicide shall be taken to be manslaughter.
(2)
(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall be within this section.
(b) No punishment or forfeiture shall be incurred by any person who kills another by misfortune only.
Homicide includes:
Murder
Constructive murder-
Voluntary manslaughter
Involuntary manslaughter- unlawful and dangerous act manslaughter, criminal negligence manslaughter
Homicide by omission
Killings with lawful justification or excuse
Accidental killings
Malice- comprehensive and applies to any legal act that is committed intentionally without Just Cause or excuse
Coleman case- death caused by an act done in an attempt to commit or immediately after the commission of a crime- rejected in Munro
S4 Crimes Act 1900- grievous bodily harm:
(a) The destruction (other than in the course of a medical procedure)if the foetus of a pregnant woman, whether or not the woman suffers any other harm
Crabbe and Royal- deal with