Module 3 - Exam Notes Homicide definitions · Causation of death -> ss 291-300 · Unlawful homicide -> s 300 -> 'Any person who unlawfully kills another is guilty of a crime' · Killing > s 293 > 'Any person who causes the death of another, directly or indirectly, by any means, is deemed to have killed that other person.' · Killing a human being unlawful - s 291 · Murder -> s 302 -> Causing death with the intent to: · Kill > s 302(1)(a) · Cause GBH > s 302(1)(a) · Constructive murder > s 302(1)(b) · Manslaughter -> s 303 > 'A person who unlawfully kills another under such circumstances as not to constitute murder is guilty of manslaughter.' · Attempted murder > s 306 Homicide offences relating to children · S 294 - A person can be found guilty of homicide, when a child dies after birth as a consequence of injuries inflicted by that person before or during birth · S 313 - Killing a child who is not yet fully born by preventing it from being born alive is a separate offence · S 224-225 - Abortions S 313(2) - Assaulting a pregnant lady and killing a child who is capable of being born. Physical elements of homicide · Death of a person > Person is dead and where once in a living state · Causation Main types of murder s 302 1. Intention to kill s 302(1)(a) 2. Intention to cause GBH s 302(1)(a) 3. Constructive/ felony murder s 302(1)(b) Elements required: 1) Murder s 302(1)(a)
· Death of a person · Causation · Intervening Act · Intention to cause death or GBH · Direct or Inferred 1) Death of a person · Refer to list above for homicide offences and definitions of killing and homicide. · Under s 292: "A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navel-string is severed or not." . Death is defined at as the 'the irreversible cessation of the circulation of blood in the body of the person or irreversible cessation of all functions of the brain > Transplantation and Anatomy Act 1979 (Qld) s 45 Unborn child · S 313 - Killing a child who is not yet fully born by preventing it from being born alive is a separate offence · S 313(2) - Assaulting a pregnant lady and killing a child who is capable of being born. · S 224-225 - Abortions 2) Causation Assess causation through: Common law tests (If yes was there an intervening act?) Intervening act? (If yes is there a deeming provision that provides causation?) Deeming provisions? Common law tests: · 'Significant contribution test' > Royall v R o This is a retrospective test that assess the contribution of the accused's actions to the death of