1st offence Murder I- Does the definition and requirements for murder correlate with the actions that mr Daverno had executed ? L- murder under the s18 Crimes Act 1900 consists of an act or acts which "was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her". A-Mr Daverno up until the punch had verbally announced to mr Lim that " If you don't fucking knock him out, I will" with no regard for the victims life. His what could be described as a coward punch from behind falls under the first 2 heads of Murder: intent to kill or cause GBH upon some person. When placed under the reasonable foreseeability test flroyall) the crime could be categorised under murder as his clenched fist and his behaviour had suggested that the defendant had intention to cause harm and definitely cause GBH. The Victim had already asked both perpetrators to back off and tried to de escalate the situation which seemed to have no impact on the defendant. His announcement to the Mr lim and not backing down falls under the 3rd head of Murder, Reckless indifference to human life, whereby he executed an "act willingly done" with "knowledge/ foresight that the probable result of that act is the death or grievous bodily harm of another." Unlike the last test which included intention, recklessness only requires the knowledge of probability flcrabbe). With the way the defendant hit the victim he didn't need to intend to kill the victim but aiming for the head would probably incur severe damage to the victim as seen with his post mortiem report. Both perpertrators are not in any way intellectually deficient and could not by any means fall under a plea for mental issues. Witnesses also described a cracking sound which seems to indicate that the damage had already been substantial even before he had landed into the ground, which definitively expressy implies that the victim had been dealth GBH by the defendant on the night. All matters stated suggests that the perportrator had the intention to cause GBh and reckless indifference to human life. Even though it might have been a spur of the moment the accused overwealmingly falls under the category of a charge of murder under the acts executed on the night. C- As stated by the Forensics evidence, it is suggested the initial impact of Davernos punch had likely caused the fatal vertebral artery injury which had direct proportionality to the death of the victim. It is highly evident that the Mens Rea and Actus Reas has been satisfied for the charge of murder. It is highly recommendable the Dpp look to issue a greater stance on pursuing the charge. 2nd charge 2:46 1 hr 1384 Manslaughter by unlawful and dangerous act The next offence