Legal Studies Year 12, Crime
HSC Legal Studies Year 12, 2010
Nature of Task: Case Study/Research
Assessment Task #1
Topic: Crime
The Case of R v King
By Haylen Young
Legal Citation Regina v King [2004] NSWCCA 444 revised - 7/12/2004 Elements of the offence * Mens Rea The sentencing judge found that it was established beyond reasonable doubt that the respondent, after finding out that Flick was pregnant, that the course of terminating the offspring by any means in his power, either consensual or otherwise was going to be taken and was part of his thought process during the course of Flicks pregnancy up to the events on the 20th of August 2002. Mens Rea in this case concerning a guilty mind in regards to King has been proven by the actions that led to the assault. It has been stated before the court that King sought an abortion upon the beginning of the pregnancy, determining his disagreement towards the life of the child, and his outlook towards the future of the pregnancy, also being emphasised during his conversations involving Jessica Williams and Brianne McCarthy offering them a payment of $500.00 if they would ‘bash’ Flick as long as it resulted in the death of the baby. His honour concluded that this course of actions was evident in his previous actions, therefore proving a guilty mind. * Actus Reus Actus Reus was proven quite simply by the admittance of the accused, and also reinforced by his plea to the courts as guilty. * Causation The Crown has taken a look at a number of documents that have noted statements from medical staff that tended to Flick after the assault occurred during her stay at Bankstown Hospital. According to Dr Duflou the stillborn was a consequence of the assault that King had inflicted on Flick. He confirms the crime by his statement, “The foetus was macerated, consistent with demise on or about 20 August 2002....Microscopic examination of tissues identified areas of bleeding in the placenta consistent with having been
Nature of Task: Case Study/Research
Assessment Task #1
Topic: Crime
The Case of R v King
By Haylen Young
Legal Citation Regina v King [2004] NSWCCA 444 revised - 7/12/2004 Elements of the offence * Mens Rea The sentencing judge found that it was established beyond reasonable doubt that the respondent, after finding out that Flick was pregnant, that the course of terminating the offspring by any means in his power, either consensual or otherwise was going to be taken and was part of his thought process during the course of Flicks pregnancy up to the events on the 20th of August 2002. Mens Rea in this case concerning a guilty mind in regards to King has been proven by the actions that led to the assault. It has been stated before the court that King sought an abortion upon the beginning of the pregnancy, determining his disagreement towards the life of the child, and his outlook towards the future of the pregnancy, also being emphasised during his conversations involving Jessica Williams and Brianne McCarthy offering them a payment of $500.00 if they would ‘bash’ Flick as long as it resulted in the death of the baby. His honour concluded that this course of actions was evident in his previous actions, therefore proving a guilty mind. * Actus Reus Actus Reus was proven quite simply by the admittance of the accused, and also reinforced by his plea to the courts as guilty. * Causation The Crown has taken a look at a number of documents that have noted statements from medical staff that tended to Flick after the assault occurred during her stay at Bankstown Hospital. According to Dr Duflou the stillborn was a consequence of the assault that King had inflicted on Flick. He confirms the crime by his statement, “The foetus was macerated, consistent with demise on or about 20 August 2002....Microscopic examination of tissues identified areas of bleeding in the placenta consistent with having been
Bibliography: Type reference | Bibliographic details | Use | Newspaper article | By Janet Fife-Yeomans June 26th, 2009 ‘Sympathy for the Devil’ The Daily Telegraph | Content/Reference | Newspaper article | By Janet Fife-Yeomans and Paul Kent June 26th, 2009 ‘Baby killer’s day out from prison to go shopping’ The Daily Telegraph | Content/Reference | Internet | Supreme Court of New South Wales - Court of Criminal Appeal Decisions Last updated 7th of December 2004. http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2004/444.html | Content/Reference | Book | Legal Studies HSC Third Edition David Hamper, Bruce Derwent, John Boesenberg, Michael Hayes, Nerida Thiering. | Terminology |