1 / 7

Crimes against the person

Crimes against the person . Crimes Act 1958 (Vic) . Murder. Under the Crimes Act 1958 (Vic) murder carries a maximum penalty of life imprisonment. To be found guilty the following principles need to be established. The killing was unlawful Malice aforethought (the murder was planned)

elie
Download Presentation

Crimes against the person

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Crimes against the person Crimes Act 1958 (Vic)

  2. Murder Under the Crimes Act 1958 (Vic) murder carries a maximum penalty of life imprisonment. To be found guilty the following principles need to be established. • The killing was unlawful • Malice aforethought (the murder was planned) • The victim was a human being • Sound mind at the time of the murder. • The accused was over the age of 10 yrs Case Syduey R v Clarke occurred in 1982 and went to trial in 2004. (pg45)

  3. Manslaughter • Under the Crimes Act 1958 (Vic) manslaughter is a serious, indictable offence – imprisonment 20yrs. • Voluntary Manslaughter -A person can be found guilty but their liability is reduced due to mitigating factors e.g self defence. • Involuntary Manslaughter – • No intention to kill but death occurred • The accused intentionally inflicted harm on the victim and, although there was no intention to kill, it was severe. • The death was caused through criminal negligence • The accused caused death while committing an unlawful, dangerous act. PG 46

  4. Defensive Homicide • New offence and applies when a person believes it is necessary to protect themselves or some one else, but the belief was ultimately unreasonable. • Maximum penalty in 20 yrs jail. • The person believed that they needed to defend themselves because they fear for their life, they may be killed or seriously injured • Pg 56 Example

  5. Culpable Driving • Indictable offence of causing death through driving a motor car. • Drive recklessly. • Drives negligently or under the influence of alcohol or drugs. • Maximum jail term of 20yrs Case study pg 48

  6. Dangerous Driving • When a person drives a motor vehicle at a speed that is dangerous to the public or drives in a manner that dangerous to the public. • Liable for a maximum jail term of 10. • If the person causes serious injury – jail term in 5yrs.

  7. Infanticide • Section 6 – Crimes Act 1958 (Vic), a woman may be found guilty of infanticide rather than murder if she causes death to her child and of: • Her mind is disturbed because she has not fully recovered from the effect of giving birth within the preceding 2 yrs. • She had developed a disorder as a consequence of giving birth within the preceding 2 yrs. • Maximum penalty is 5yrs. Read Case Study R v Folbigg PG 49

More Related